Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Vicarious liability under tenancy agreement

Legal area

Court

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.