11 Jul 2003
HO CHOI WAN v. HONG KONG HOUSING AUTHORITY
- Citation
- HO CHOI WAN v. HONG KONG HOUSING AUTHORITY
- Court
- Court of First Instance
- Case number
- HCAL174/2002
The court allowed the applications: a decision to freeze/defer rent is not a "determination of variation of rent" under s.16(1A), but s.16(1A) read in context and combined with the Authority's consistent past practice imposes a duty to review rents on a regular cycle (triennial after the 1997 amendment); that statutory-context duty and corresponding legitimate expectation were breached by failure to review despite the median rent-to-income ratio exceeding 10%, entitling applicants to relief.