黃崇彰 對 上訴委員會(房屋)及另一人

黃崇彰 對 上訴委員會(房屋)及另一人

The Court of Appeal held that the Housing Authority and the Appeals Committee reached conclusions supported by objective evidence (visits, utility readings, immigration records) that the tenant and spouse did not maintain regular continuous residence; their decisions did not involve legal error, procedural...

Source-derived case information.

Citation
[2023] HKCA 1363
Parties
Appellant: 黃崇彰; Respondent: 上訴委員會(房屋); Respondent: 香港房屋委員會
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
28 December 2023
Case Number
CACV57/2023
Procedural Posture
Judicial Review Appeal / Appeal From Refusal of Permission to Apply for Judicial Review (court of Appeal)
Outcome
appeal dismissed
Legal Topics
Judicial Review, Termination of Tenancy, Public Housing Allocation, Residence Requirement
Source Language
ch
Administrative Law Housing Law Contract Law Public Law Judicial Review Termination of Tenancy Public Housing Allocation Residence Requirement

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Parties

黃崇彰

Appellant

上訴委員會(房屋)

Respondent

香港房屋委員會

Respondent

Procedural Posture

Judicial Review Appeal / Appeal From Refusal of Permission to Apply for Judicial Review (court of Appeal)

  1. 1 Whether the Housing Authority lawfully terminated the tenancy for failure to maintain regular and continuous residence under clause II(20) of the tenancy agreement
  2. 2 Whether the Appeals Committee and Housing Authority committed legal or procedural errors warranting judicial review (illegality, procedural unfairness, or Wednesbury/unreasonableness)
  3. 3 Whether the Housing Authority was obliged to give prior warning or apply a points system before issuing a notice to quit

Ratio Decidendi

The Court of Appeal held that the Housing Authority and the Appeals Committee reached conclusions supported by objective evidence (visits, utility readings, immigration records) that the tenant and spouse did not maintain regular continuous residence; their decisions did not involve legal error, procedural unfairness or irrationality, and therefore judicial review permission was correctly refused and the appeal is dismissed.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • Appellant to pay the respondents' costs of the appeal to the Housing Authority; if parties cannot agree the sum, refer to taxation; order becomes absolute in 14 days if not varied