He criticises housing body for arguing he gave it discretion over rent review
The judge who last month found the Housing Authority had breached its statutory duty by not regularly reviewing rents yesterday ordered it to comply with his ruling and carry out a review.
The authority, which stands to lose over $48 billion, said it would not comply, and won a two-week stay of execution. But a jubilant Ho Choi-wan, who brought last month's landmark legal challenge, said: 'They should cut my rent and pay back the money now.'
Mr Justice Andrew Chung On-tak ruled on July 11, in a case brought by retired dim sum waitress Ms Ho, 76, and security guard Lam Kin-sun, that the authority had breached its duty under the Housing Ordinance by failing to review public estate rents every three years. The rents have been frozen since 1998. The ruling could result in rents being cut to less than 10 per cent of tenants' median income, as the Housing Ordinance stipulates, and would affect 2.12 million people.
Since the ruling, tenants have been demanding a rent review and reimbursement for previous excess rent. Tenants have filed cases with the Small Claims Tribunal for reimbursement.
Mr Justice Chung, sitting in the Court of First Instance, yesterday criticised the authority for insisting last month's ruling had preserved its discretion not to vary rents.
