21 Apr 2022
楊天偉 對 香港房屋委員會及另一人
- Citation
- [2022] HKCA 535
- Court
- Court of Appeal
- Case number
- CACV392/2020
The appeal is dismissed because the Authority terminated the tenancy for breach of the express lease obligation to 'habitually/continuously reside' (II(20)), the contested 'three‑month' policy was inapplicable to the 2004 tenancy and did not form the basis of the termination, the Appeals Committee's factual findings were supported by evidence and not Wednesbury‑unreasonable, and there was no procedural unfairness; therefore the proposed judicial review lacked an arguable case and permission was correctly refused.