21 Nov 2005
HO CHOI WAN v. HONG KONG HOUSING AUTHORITY
- Citation
- HO CHOI WAN v. HONG KONG HOUSING AUTHORITY
- Court
- Court of Final Appeal
- Case number
- FACV1/2005
Majority: Appeal dismissed. The Authority's decisions to defer or freeze rents were not "determinations of variation of rent" within s.16(1A); the statute does not impose an implied duty requiring proactive rent reductions to ensure MRIR<=10% beyond the specific limits and procedures set out in s.16(1A)-(1E); alternatively, on construction advanced in part of the court, "variation of rent" in s.16(1A) is properly read (in context) as directed to increases (so s.16(1A) limits increases and does not impede reductions). The appellant's legitimate expectation claim failed against the statutory sc…