Hong Kong Case Law: Decisions & Judgments

Topic

Housing authority consent

Legal area

Court

1 Aug 2024

KWOK KIN FAI v. CHAN PING YI

Citation

[2024] HKDC 1272
Court

District Court
Case number

DCMP2756/2024

The court ordered that the Defendant must execute the Deed of Rectification within seven days of obtaining Housing Authority consent because the original Assignment was void for non‑compliance with the Housing Ordinance and the Defendant had covenanted under s.35(1)(b) CPO to execute such further assurances; in default the Registrar of the District Court is appointed under s.38A DCO to execute the Deed on the Defendant's behalf, subject to lodging the Deed for the Registrar's approval and obtaining Housing Authority consent.
2 Mar 2023

RE LEE WONG CHIU NGAN (“the Deceased”)

Citation

[2023] HKCFI 667
Court

Court of First Instance
Case number

HCMP2200/2022

The 2012 assent was void from inception because it contravened s.17B(1) of the Housing Ordinance by effecting a transfer of HOS property without prior Housing Authority consent and payment of premium; a void instrument incapable of affecting land is not registrable under the Land Registration Ordinance, and the court has inherent jurisdiction to declare non-registrability and to vacate the registration; accordingly the registration of the assent is vacated and a declaration of non-registrability is made.
3 Jul 2019

KWONG MUK HING, one of the executors named in the Will of LUK HEUNG deceased v. CHENG PUI NIN WILLIAM AND ANOTHER

Citation

[2019] HKCFI 1726
Court

Court of First Instance
Case number

HCMP202/2018

The Court declared that the 2008 assignment contained substantial discrepancies from the authorised terms required by the Housing Ordinance and, subject to the Housing Authority's consent to rectification, ordered the respondents to execute a confirmatory assignment in favour of the executors. Further, pursuant to s25A High Court Ordinance, if the respondents fail to execute or cannot be found after reasonable inquiry, the Registrar of the High Court is appointed to execute the confirmatory assignment on their behalf; the draft must be lodged for the Registrar's approval. Costs of execution a…

Hong Kong Case Law

KWOK KIN FAI v. CHAN PING YI

RE LEE WONG CHIU NGAN (“the Deceased”)

KWONG MUK HING, one of the executors named in the Will of LUK HEUNG deceased v. CHENG PUI NIN WILLIAM AND ANOTHER