LO YUET HING v. HONG KONG HOUSING AUTHORITY AND ANOTHER

LO YUET HING v. HONG KONG HOUSING AUTHORITY AND ANOTHER

The Housing Authority's practice and implementation evidenced a systematic refusal to determine or reach conclusions on tenants' claims of ignorance of illegal activity, thereby fettering its discretion and omitting a relevant consideration; the Appeal Tribunal likewise failed to make any determination on that material issue; consequently both decisions to issue and to confirm the notice to quit were unlawful and were quashed by certiorari.

Citation
LO YUET HING v. HONG KONG HOUSING AUTHORITY AND ANOTHER
Parties
Applicant: Lo Yuet Hing; 1st Respondent: Hong Kong Housing Authority; 2nd Respondent: Appeal Tribunal (appointed under Section 7A(6) of the Housing Ordinance, Cap. 283)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 September 2002
Case Number
HCAL95/2002
Procedural Posture
Judicial Review (leave Application) / Judgment
Outcome
Order of certiorari quashing the 1st Respondent's issuance of the Notice to Quit and the 2nd Respondent's confirmation; declaration that both decisions are null and void
Legal Topics
Termination of Tenancy, Fettering Discretion, Judicial Review, Vicarious Liability Under Tenancy Agreement, Policy Implementation, Appeal Tribunal Review, Relevant Considerations
Source Language
EN
Housing Law Administrative Law Constitutional Law Public Law Termination of Tenancy Fettering Discretion Judicial Review Vicarious Liability Under Tenancy Agreement +3 more

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Parties

Lo Yuet Hing

Applicant

Hong Kong Housing Authority

1st Respondent

Appeal Tribunal (appointed under Section 7A(6) of the Housing Ordinance, Cap. 283)

2nd Respondent

Procedural Posture

Judicial Review (leave Application) / Judgment

Legal Issues

  1. 1 Whether the Housing Authority unlawfully fettered its discretion by adopting/operating a rigid policy to issue notices to quit when flats are used for illegal purposes
  2. 2 Whether the Housing Authority failed to consider a relevant factor (tenant's knowledge or claimed ignorance of the illegal activity) in exercising its s19(1) discretion
  3. 3 Whether the Appeal Tribunal failed to make a determination on the relevant factor and thus wrongly confirmed the notice to quit

Ratio Decidendi

The Housing Authority's practice and implementation evidenced a systematic refusal to determine or reach conclusions on tenants' claims of ignorance of illegal activity, thereby fettering its discretion and omitting a relevant consideration; the Appeal Tribunal likewise failed to make any determination on that material issue; consequently both decisions to issue and to confirm the notice to quit were unlawful and were quashed by certiorari.

Court Disposition

Order of certiorari quashing the 1st Respondent's issuance of the Notice to Quit and the 2nd Respondent's confirmation; declaration that both decisions are null and void

Orders

  • Certiorari quashing the decision of the 1st Respondent issuing the Notice to Quit (in terms of the Notice of Motion)
  • Certiorari quashing the decision of the 2nd Respondent confirming the Notice to Quit (in terms of the Notice of Motion)