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 From Hong Kong's Information Services Department
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July 24, 2003
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Housing
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Gov't to lodge appeal on judicial review
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The Housing Authority has lodged an appeal against a High Court judgment handed down on July 11.

 

In a closed door meeting today the authority, after considering all aspects of the case including the wide implications of the judgment on its rent policy, its finances and the future of the public housing programme, decided that it has the responsibility to lodge an appeal in the public interest.

 

Although the court has yet to make an order on relief, the authority said it understands that Ho Choi-wan and Lam Kin-sum sought to require the authority to review the rent of the flats occupied by them, and to bring the rent of these two flats to a level so that the Median Rent-to-Income Ratio of all public housing estates does not exceed 10%, as required by Section 16(1A) of the Housing Ordinance Cap 283.

 

The authority said it cannot agree to the draft orders. It has instructed its lawyers to apply for a stay of the order of the High Court where necessary.

 

Secretary for Housing, Planning & Lands Michael Suen said the authority is exercising the rights conferred upon the parties to any litigations by the judicial system of the Government according to established legal procedures.

 

He stressed that the authority respects the rule of law.

 

He said the authority shares the views expressed by some that this is an urgent issue that has to be resolved without delay.

 

It is also the authority's intention to conclude the legal proceedings as expeditiously as possible.

 

He said the authority believes that if the case is to be heard directly by the Court of Final Appeal, a final judgment could be reached and the case settled within the shortest period of time.

 

Therefore, the authority has instructed its lawyer to file the relevant application with the High Court.

 

He said the authority decided that upon conclusion of the legal proceedings and clear judgment from the court on the proper interpretation and implementation of the relevant legal provisions, it would proceed to review its domestic rent policy and identify a satisfactory arrangement for rent adjustment immediately in accordance with the law.