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HONG KONG URBAN COUNCIL

to handle them himself. However, I am glad to say that, in accordance with the normal practice, Mr. Peter C. K. CHAN, the Chairman of the Resettlement Select Committee, will reply to these questions himself,

MRS. ELLIOTT:- Mr. Chairman, the Commissioner did not finish reading the answer. I want to ask a supplementary, but he has not read it.

COMMISSIONER FOR RESETTLEMENT:- Mr. Chairman, I beg your pardon, Mrs. ELLIOTT is quite right. May I finish?

The Commissioner for Resettlement is the statutory Competent Authority for these matters and all appeals should therefore be dealt with by him. I believe it was the practice some time ago for such matters to be referred to Committees of this Council, but I am sure that most Members would agree with me that we should in this Council stick to our allotted duties, and let other appointed Competent Authorities get on with theirs.

(Mr. B. A. BERNACCHI arrived at this point.)

MRS. ELLIOTT:- Mr. Chairman, am I to understand from the final part of this answer, that the Commissioner decides something and when there is an appeal he also decides the appeal so he is his own judge and jury?

COMMISSIONER FOR RESETTLEMENT:- Mr. Chairman, such matters are, of course, dealt with in the usual manner of Government Departments. When an action is taken or a decision made at a lower level, then the appeal against it is handled by the next level up and beyond that, of course. There are various channels and, indeed, some of our appeals go to C.D.O's, some complaints go to the U.M.E.L.C.O. office. If there is one thing in Hong Kong I think with which our citizens are well supplied, I would say it is channels for appealing against such decisions.

MRS. ELLIOTT:- Is it true, Mr. Chairman, as in all other things, that the appeals can go through various channels, but they all arrive at the same spot in the end and get the same answers?

CHAIRMAN:- The question is out of order, Mrs. ELLIOTT.

MRS. ELLIOTT:- But it is not out of order, Mr. Chairman, because it is absolutely dealing with faits accomplis. You mean you do not want to answer it?

CHAIRMAN:- The question is out of order, Mrs. ELLIOTT.

HONG KONG URBAN COUNCIL

MRS. ELLIOTT:- I object; the question is not out of order.

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In other

MR. BERNACCHI:- Mr. Chairman, referring to (c) of Mrs. ELLIOTT'S question and to the Commissioner's answer, is it not a fact that the Urban Council, of course guided by the provisions of the 1964 White Paper, is the competent authority for admission to resettlement areas. words, that if we like a tenant we can say that he should be our tenant, if we do not like a tenant we say that he should not be our tenant within, of course, the overall provisions of the White Paper?

COMMISSIONER FOR RESETTLEMENT:- Mr. Chairman, I think Mr. BERNACCHI is referring to that part of the Ordinance which enables the Urban Council to arrange the letting of tenancies. The letting of rooms in estates and areas is one matter, that is the technical letting of a room. When I speak of competent authority, I speak of the competence to determine whether or not a person is or is not eligible to become free to apply for such a letting to be applied to him.

MR. SALES:- Mr. Chairman, may I, following Mr. BERNACCHI'S question, say that my understanding of the White Paper is that there is no discretion vested in the appropriate authority, provided the person concerned falls within one of the categories. Would you like to confirm that, Mr. Chairman?

CHAIRMAN:- I think, Mr. SALES, that each claim is considered as part and parcel of a lot of categories and must be investigated.

MR. BERNACCHI:- That, of course, is my point and if it has not been for Mr. SALES' question, I would have followed it up immediately (laughter) by saying that, in view of that answer, is it not competent for the Urban Council as the Urban Council to examine the competence of a claimant for domestic resettlement as part and parcel of the duties of our Council?

COMMISSIONER FOR RESETTLEMENT:- Mr. Chairman, not in my view.

MR. SALES: Mr. Chairman, perhaps not in the first instance, but on appeal certainly the Urban Council's appropriate Select Committee might consider if it is within those parts of the Ordinance for which the Urban Council is the competent authority.

CHAIRMAN:- As Members realize, and as the Commissioner has made quite clear, we are the competent authority for the management of the estates, factory areas that sort of thing; not for clearance.

MR. SALES:- We are not talking about "clearance", we are talking about resettlement.

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