Hong Kong Case Law: Decisions & Judgments

Topic

Appeal tribunal review

Legal area

Court

24 Apr 2012

TECHNIC INVESTMENT CO LTD AND ANOTHER v.APPEAL TRIBUNAL (BUILDINGS)

Citation

TECHNIC INVESTMENT CO LTD AND ANOTHER v.APPEAL TRIBUNAL (BUILDINGS)
Court

Court of First Instance
Case number

HCAL33/2011

The court held the Building Authority did not misapply policy: BUC selection criteria are resource‑deployment guidelines and do not fetter the BA's statutory discretion under sections 24 and 24C; the List of non-actionable items can operate as a toleration policy but the BAT's factual finding that the canopies were solid structures (and thus actionable) was unimpeachable on judicial review; consequently the BAT's dismissal of the appeals was lawful and the judicial review was dismissed.
6 Jul 2011

WAN YUNG SANG v. HONG KONG HOUSING AUTHORITY AND ANOTHER

Citation

WAN YUNG SANG v. HONG KONG HOUSING AUTHORITY AND ANOTHER
Court

Court of First Instance
Case number

HCAL135/2009

The court held the HA's decision and the Appeal Tribunal's confirmation were amenable to judicial review; s.20(2A) did not apply because no HA policy certificate was relied on; the Tribunal's factual finding that the tenant knew and permitted the wife's fortune telling was open on the evidence and not irrational; failure to state express reliance on the deeming clause was not procedurally unfair in the circumstances because reliance on it was objectively plain; the Tribunal validly took the applicant's general credibility, including false income information, into account; judicial review appl…
25 Sept 2002

LO YUET HING v. HONG KONG HOUSING AUTHORITY AND ANOTHER

Citation

LO YUET HING v. HONG KONG HOUSING AUTHORITY AND ANOTHER
Court

Court of First Instance
Case number

HCAL95/2002

The Housing Authority's practice and implementation evidenced a systematic refusal to determine or reach conclusions on tenants' claims of ignorance of illegal activity, thereby fettering its discretion and omitting a relevant consideration; the Appeal Tribunal likewise failed to make any determination on that material issue; consequently both decisions to issue and to confirm the notice to quit were unlawful and were quashed by certiorari.
13 Jul 2000

CHAN MING YAN v. HONG KONG HOUSING AUTHORITY AND ANOTHER

Citation

CHAN MING YAN v. HONG KONG HOUSING AUTHORITY AND ANOTHER
Court

Court of First Instance
Case number

HCAL100/2000

HKHA's NTQ and the Tribunal's confirmation were quashed because HKHA failed to specify whether termination relied on the tenant's own breach or on vicarious liability under clause 4(g), and the Tribunal unlawfully had regard to the HKHA policy certificate without evidence the applicant was aware of the policy or without giving reasons why it was appropriate to rely on it; together those defects and the Tribunal's questionable factual conclusions made the decisions Wednesbury unreasonable.

Hong Kong Case Law

TECHNIC INVESTMENT CO LTD AND ANOTHER v.APPEAL TRIBUNAL (BUILDINGS)

WAN YUNG SANG v. HONG KONG HOUSING AUTHORITY AND ANOTHER

LO YUET HING v. HONG KONG HOUSING AUTHORITY AND ANOTHER

CHAN MING YAN v. HONG KONG HOUSING AUTHORITY AND ANOTHER