WONG YAN HONG AND ANOTHER v. HONG KONG HOUSING AUTHORITY AND ANOTHER

WONG YAN HONG AND ANOTHER v. HONG KONG HOUSING AUTHORITY AND ANOTHER

The Housing Authority's policy to terminate leases obtained by false information is lawful, the Director and Appeal Tribunal properly applied it to a reallocation where the applicant made a deliberate false declaration and obtained a larger flat, there was no breach of natural justice and the decisions were not Wednesbury unreasonable; judicial review is dismissed.

Citation
WONG YAN HONG AND ANOTHER v. HONG KONG HOUSING AUTHORITY AND ANOTHER
Parties
1st Applicant: WONG YAN HONG; 2nd Applicant: CHUNG SO MUI; 1st Respondent: HONG KONG HOUSING AUTHORITY; 2nd Respondent: APPEAL TRIBUNAL
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 May 2001
Case Number
HCAL1711/2000
Procedural Posture
Judicial Review (constitutional and Administrative Law) / Judgment Delivered by Court of First Instance (application Dismissed)
Outcome
Application dismissed
Legal Topics
Tenancy Termination, False Statement in Housing Application, Natural Justice, Wednesbury Unreasonableness, Statutory Appeal to Tribunal, Housing Allocation Policy
Source Language
EN
Constitutional Law Administrative Law Housing Law Public Law Tenancy Termination False Statement in Housing Application Natural Justice Wednesbury Unreasonableness +2 more

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Parties

WONG YAN HONG

1st Applicant

CHUNG SO MUI

2nd Applicant

HONG KONG HOUSING AUTHORITY

1st Respondent

APPEAL TRIBUNAL

2nd Respondent

Procedural Posture

Judicial Review (constitutional and Administrative Law) / Judgment Delivered by Court of First Instance (application Dismissed)

Legal Issues

  1. 1 Legality of Housing Authority policy terminating leases obtained by false information
  2. 2 Whether policy admits no exception and is therefore illegal
  3. 3 Whether failure to hear family members (separately) breached natural justice

Ratio Decidendi

The Housing Authority's policy to terminate leases obtained by false information is lawful, the Director and Appeal Tribunal properly applied it to a reallocation where the applicant made a deliberate false declaration and obtained a larger flat, there was no breach of natural justice and the decisions were not Wednesbury unreasonable; judicial review is dismissed.

Court Disposition

Application dismissed

Orders

  • Judicial review dismissed
  • Applicant to bear costs of the application to be taxed if not agreed