22 Nov 2004
LAM KIN SUM v. HONG KONG HOUSING AUTHORITY
- Citation
- LAM KIN SUM v. HONG KONG HOUSING AUTHORITY
- Court
- Court of Appeal
- Case number
- CACV250/2003
Section 16(1A) of the Housing Ordinance limits frequency and caps increases when a variation occurs but does not impose a duty to conduct rent reviews every three years; the HA's 31 October 2002 decision to defer/waive reviews was not a "determination of variation" under s16(1A)(a); no clear and unambiguous representation founded a legitimate expectation of triennial reviews tied to a mandatory 10% MRIR cap; appeals allowed and lower court orders set aside.