Hong Kong Case Law: Decisions & Judgments

Topic

Residence requirement

Legal area

Court

28 Dec 2023

黃崇彰對上訴委員會(房屋)及另一人

Citation

[2023] HKCA 1363
Court

Court of Appeal
Case number

CACV57/2023

The Court of Appeal held that the Housing Authority and the Appeals Committee reached conclusions supported by objective evidence (visits, utility readings, immigration records) that the tenant and spouse did not maintain regular continuous residence; their decisions did not involve legal error, procedural unfairness or irrationality, and therefore judicial review permission was correctly refused and the appeal is dismissed.
17 Dec 2013

KONG YUNMING v. THE DIRECTOR OF SOCIAL WELFARE

Citation

KONG YUNMING v. THE DIRECTOR OF SOCIAL WELFARE
Court

Court of Final Appeal
Case number

FACV2/2013

Article 36 protects the CSSA eligibility rules crystallized as part of the previous social welfare system (one-year residence rule as at 1 July 1997); any administrative modification that restricts that protected right is subject to constitutional review under a proportionality standard with judicial deference to socio-economic policy but intervention where a measure is not rationally connected to a legitimate aim or is manifestly without reasonable foundation; the seven-year residence requirement failed that test (it was not rationally connected to the sustainability aim, conflicted with oth…
28 Sept 2012

LAM HING CHUNG MARTIN v. DIRECTOR OF SOCIAL WELFARE

Citation

LAM HING CHUNG MARTIN v. DIRECTOR OF SOCIAL WELFARE
Court

Court of First Instance
Case number

HCAL110/2012

Leave to apply for judicial review was refused because there was no reasonably arguable ground that the one year continuous residence requirement for Disability Allowance was manifestly without reasonable foundation; the Legislative Council Brief cannot be treated as statute or conclusive rationale, the rule has a long history since 1973 and pursues the legitimate aim of protecting public funds, and comparative or more liberal schemes do not establish irrationality.
31 Aug 2012

KONG YUNMING v. THE DIRECTOR OF SOCIAL WELFARE

Citation

KONG YUNMING v. THE DIRECTOR OF SOCIAL WELFARE
Court

Court of Appeal
Case number

CACV185/2009

The application for leave to appeal was refused because the applicant's constitutional challenge to the seven-year residence requirement carried no reasonable prospect of success and relevant considerations had already been addressed by the Court of Final Appeal in Fok Chun Wa, so the statutory test for leave was not met.
26 Jan 2012

KOON PING LEUNG v. THE DIRECTOR OF LANDS

Citation

KOON PING LEUNG v. THE DIRECTOR OF LANDS
Court

Court of First Instance
Case number

HCAL14/2011

The DLO's decision on a private treaty grant under the Small House Policy is amenable to judicial review because it involves a public function; on the facts the applicant failed to satisfy the Policy's Residence Requirement, the Article 40 and Article 35/80 challenges fail, the DLO afforded adequate opportunity and reasons, and the application for judicial review is dismissed with costs to the respondent.
6 Nov 1998

632 Claimants v. The Hong Kong Housing Authority

Citation

632 Claimants v. The Hong Kong Housing Authority
Court

Court of First Instance
Case number

HCMP114/1998

Applicant's claim was dismissed because documentary evidence and a sworn statement contradicted his claim of continuous residence; eligibility requires continuous residence from June 1961 to April 1995 as principal home, which was not proven.
9 Oct 1998

632 Claimants v. The Hong Kong Housing Authority

Citation

632 Claimants v. The Hong Kong Housing Authority
Court

Court of First Instance
Case number

HCMP114/1998

The judge applied the established legal test from the main judgment (1996): a claimant must have been residing in Rennie’s Mill in June 1961 and continued to live there until April 1995 as their principal home; on the facts the applicant Mr Ong Heng Long failed to meet that test and his application is dismissed.
25 Sept 1998

632 Claimants v. The Hong Kong Housing Authority

Citation

632 Claimants v. The Hong Kong Housing Authority
Court

Court of First Instance
Case number

HCMP114/1998

The applicant failed to prove the essential factual requirement of continuous residence at Rennies Mill from June 1961 to April 1995 as his principal home; therefore his application for compensation is dismissed.
17 Sept 1998

632 Claimants v. The Hong Kong Housing Authority

Citation

632 Claimants v. The Hong Kong Housing Authority
Court

Court of First Instance
Case number

HCMP114/1998

The applicant failed to prove the required continuous residence in Rennie’s Mill from June 1961 to April 1995 as his principal home, which is the statutory/established test for eligibility, and therefore his application for compensation is dismissed.
27 Jul 1981

SIEN YOUI CHONG WILLIAM v. LAI MIU HAN ALICE

Citation

SIEN YOUI CHONG WILLIAM v. LAI MIU HAN ALICE
Court

District Court
Case number

DCCJ8969/1980

The plaintiff failed to prove he would himself occupy the suit premises as his dwelling; the statutory phrase requires personal occupation by the landlord and cannot be satisfied by a requirement solely for a child of the family, therefore possession under s53(2) cannot be granted and the claim is dismissed.