黃桂林 v. HONG KONG HOUSING AUTHORITY AND ANOTHER

黃桂林 v. HONG KONG HOUSING AUTHORITY AND ANOTHER

The applicant knowingly made a false declaration which resulted in a substantial and unfair benefit; the Housing Authority lawfully applied its established policy to issue a Notice to Quit under s.19(1)(b) to revert tenancy conditions; the Tribunal properly confirmed the NTQ; the decisions were neither procedurally...

Source-derived case information.

Citation
[2020] HKCFI 357
Parties
Applicant: Applicant; 1st Respondent: Hong Kong Housing Authority; 2nd Respondent: Appeal Tribunal (Housing)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 March 2020
Case Number
HCAL159/2018
Procedural Posture
Judicial Review / Judgment (final)
Outcome
Application dismissed
Legal Topics
False Declaration, Tenancy Termination, Judicial Review, Proportionality, Wednesbury Unreasonableness, Procedural Fairness, Fettering of Discretion
Source Language
en
Administrative Law Housing Law Public Law Human Rights Law False Declaration Tenancy Termination Judicial Review Proportionality +3 more

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Parties

Applicant

Applicant

Hong Kong Housing Authority

1st Respondent

Appeal Tribunal (Housing)

2nd Respondent

Procedural Posture

Judicial Review / Judgment (final)

Legal Issues

  1. 1 Whether the applicant knowingly made a false declaration when obtaining a public rental housing tenancy
  2. 2 Whether the Housing Authority lawfully terminated the tenancy under s.19(1)(b) of the Housing Ordinance for a false declaration
  3. 3 Whether the Housing Authority fettered its discretion or failed to take relevant considerations into account

Ratio Decidendi

The applicant knowingly made a false declaration which resulted in a substantial and unfair benefit; the Housing Authority lawfully applied its established policy to issue a Notice to Quit under s.19(1)(b) to revert tenancy conditions; the Tribunal properly confirmed the NTQ; the decisions were neither procedurally unfair nor disproportionate or Wednesbury unreasonable, therefore the judicial review claim fails.

Court Disposition

Application dismissed

Orders

  • Costs to 1st Respondent to be taxed if not agreed
  • Applicant's costs to be taxed in accordance with legal aid regulations