TNAG-0669-FCO40-818-Policy-on-housing-and-resettlement-in-Hong-Kong-1977 — Page 32

VOL 7, NO 2

HOUSING AUTHORITY'S DISCRETION

225

'The Authority is primarily concerned that there should be no question of double punishment. The courts are responsible for punishing any individual convicted of crime whether he lives in a public housing estate or not, and there is no reason why those who live in housing estates should suffer greater punishment than those who do not. The Authority is secondly concerned that the punishment should not be extended to affect, for example, the innocent wife and children of the accused, and this might well be the result if a guilty tenant were deprived of his home.

Nevertheless, the Housing Authority has stated that it would terminate tenancies where these circumstances do not apply and where the premises have clearly been used for a drug offence or similar illegal use."32

Termination for non-payment of rent is unusual, and the Authority prides itself in its rent arrears record.33 In dealing with rent arrears the policy of the Authority is to ensure that personal contact is maintained with the tenant in an endeavour to solve the problem without the need for the tenancy to be terminated. The initial contacts are through the local Housing Assistant, who may call on the tenant two or three times after the rent is one week in arrears. Once the rent is more than two weeks in arrears the matter is referred by the Housing Assistant to the Assistant Housing Manager and ultimately the Housing Manager for a decision on whether to terminate the tenancy. According to the Authority, no tenant is issued with a notice to quit for non-payment of rent until the rent is at least two months in arrears.

Thus, assuming that the Authority continues its past policy of moderation in the exercise of its right under the Housing Ordinance, section 19, to terminate tenancies, the proposed tribunal would be unlikely to be swamped with appeals on this matter. There is no reason to suppose that the number of

32 Press release, Sept 2, 1976. This press release was issued following the action of North Kowloon Magistrate, Mr J McClelland, in sending to the Director of Housing the names of some of the people convicted for operating gambling dens in public housing estates: he suggested that the Housing Department might consider evicting people proved to be using their flats to operate illegal gambling dens and off-course betting shops. This matter was reported in the Hong Kong Standard, Sept 3, 1976, in an article entitled 'Housing Department Caught Napping?'

33 The arrears at any one time amount to only approximately 2.8 per cent of the rent due: Hong Kong Housing Authority, Annual Report 1975-76 28. This figure of 2.8 per cent compares favourably with the figures of 4.5 per cent and 9.4 per cent recorded in the preceding two years.