TNAG-0669-FCO40-818-Policy-on-housing-and-resettlement-in-Hong-Kong-1977 — Page 30

VOL 7, NO 2

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HOUSING AUTHORITY'S DISCRETION

total sum held on deposit must be at least $17,500,000.30 Conservatively invested, this sum should be capable of producing an annual interest of at least $400,000, which is probably sufficient to pay the salary of the three full-time members of the tribunal and three support staff. Moreover, in view of the current ten-year programme of the Authority to accommodate over 60 per cent, of the colony's population by 1982, it can be confidently anticipated that the sum held on deposit and the interest obtained will increase rapidly in the future.

The jurisdiction of the proposed Public Housing Appeals Tribunal

Although termination of tenancy agreement is the area of most vital concern to the tenant and the area where he most needs protection against the abuse by the Authority of its discretionary powers, nevertheless it is submitted that there are other situations where the tenant needs protection against the present unfettered discretion of the Authority. Care must be taken to ensure a proper balance between the need to provide justice for tenants and the need not to impede unduly the administrative work of the Authority: the aim should be to ensure that the tribunal has sufficient jurisdiction to deal with all matters of vital concern to tenants without having so much jurisdiction that the smooth functioning of the Authority would be impeded by constant tenant-initiated appeals on trivial matters.

It is suggested that the tribunal should be granted ultimate jurisdiction over the following discretionary powers of the Authority:

(1) Discretionary power to serve a notice of termination

The right of appeal against a notice of termination is already provided for by legislation, and constitutes the sole head of jurisdiction of the present appeals committee. Section 19(1) of the Housing Ordinance stipulates three methods for the Authority to terminate a tenancy agreement: without notice, if, in the opinion of the Authority, the land held under the lease has become unfit for human habitation, a nuisance, dangerous to health or unsafe; without notice if, in the opinion of the Authority, no person authorised under the lease to occupy the land occupies the land; or in other cases, by giving one month's

30 This figure has been calculated on the basis of $50 security deposit for each

flat. It is an extremely conservative estimate.

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