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Brian Wong

An elderly tenant at Hong Kong’s only privately owned low-rental housing estate has lost a legal bid to have her landlord guarantee her resettlement during the site’s redevelopment.
The High Court on Friday ruled against Leung Ah-duen despite earlier granting her permission to initiate judicial review proceedings against her eviction from Tai Hang Sai Estate.
The 86-year-old applicant had targeted the Hong Kong Settlers Housing Corporation’s decision to limit rehousing help to a one-off rental subsidy for residents who failed to meet an income and asset requirement.
Mr Justice Russell Coleman said he would explain his ruling in writing by the end of June.
Leung and 12 other tenants refused to hand over possession of their respective flats before a deadline in March 2024. Some of them have continued to live at the Shek Kip Mei compound.
The elderly woman launched the legal bid in September last year after the District Court rejected the corporation’s request to fast-track legal proceedings to reclaim possession of the premises.
The non-profit corporation, affiliated with property giant Henderson Land Development, has sought to redevelop the area to provide 2,000 flats to first-time buyers under a starter home pilot scheme of the Urban Renewal Authority.
The firm, while agreeing to make room for the return of its existing 1,300 tenants after a five-year redevelopment period, decided in June 2023 that only those meeting an income and asset requirement would be eligible for relocation to public housing in the interim.
Those deemed ineligible would be offered a lump sum to leave, but there was no guarantee that amount would be sufficient to allow them to find alternative housing covering the entire period.
Leung’s family of five was given two choices: to accept a total subsidy of HK$1.02 million (US$131,460) with the option of going back after redevelopment, or to move out permanently with HK$1.23 million. She turned down both options.
Lawyers for the applicant argued the corporation’s decisions were in breach of a government directive requiring satisfactory rehousing of affected residents, while violating the applicant’s legitimate expectation for a satisfactory rehousing arrangement.
Jin Pao SC, representing the corporation, on Friday highlighted the firm’s private nature and the redevelopment plan’s commercial aspects in contending that the court had no power to interfere with the company’s decisions.
Pao stressed the company was free of government influence and was not performing any public function for authorities.
He said the court should not allow the applicant to challenge the corporation’s proposal simply because she was unhappy with the offer.
“There is really no basis to say the amount of rental allowance is insufficient. It gives great autonomy to the residents to decide what to do,” Pao said.
“If you decide to stay with your family, you may have some savings or you may actually give your savings to your family to support them. There is nothing to suggest there must be a fixed and uniform approach.”

Any further delay to the project, initially due to be completed in 2029, would mean more waiting time for the 760 households who were looking to return after redevelopment, the lawyer added.
Victor Dawes SC, acting on Leung’s behalf, argued the court was entitled to weigh in, as the government had been heavily involved in the corporation’s operation “both politically and financially” over the years.
Dawes highlighted that residents were required to pledge not to mount any claim against the landlord or the government in the future to receive the lump sum payment.
That was inconsistent with what a corporation’s representative told the court, saying the firm took a “case-by-case” and “people-oriented” approach in handling residents’ concerns.
“They are in fact empty promises,” Dawes contended.
A corporation spokesman said it welcomed the court’s decision, adding it would study measures to minimise the challenge’s impact on the redevelopment.
“Some individuals attempted to hold up the project to achieve their unreasonable objectives. They are no different from ‘rogue tenants’,” the spokesman said.
“The corporation will continue to reclaim possession of their flats by legal means and recover relevant legal expenses and financial losses from the people concerned.”
Leung’s son, Jacky Tsang Chi-yuen, vowed to lodge an appeal.
He accused the corporation of having no intention to solve the stalemate, while stressing his family was not asking for more than what they deserved.
“Are we really asking for the moon? They didn’t even bother to sit down and talk to us. I think this is hilarious,” he said.
Tsang said his mother had started living in a Hung Hom flat rented by his younger sister a year ago out of concern for the elderly woman’s safety.
He said the elderly woman still wished to return to Tai Hang Sai Estate where she had lived for most of her life.
Friday’s ruling shifted the spotlight back to the District Court, where the corporation has initiated civil proceedings to evict the 13 tenants, including Leung, who refused to move out. Their cases will be heard again next month.


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Hong Kong courts

Tenant of Hong Kong’s only private low-rent housing estate loses resettlement bid

Tai Hang Sai Estate in Shek Kip Mei. The landlord has sought to redevelop the area to provide 2,000 flats to first-time homebuyers under a starter home pilot scheme of the Urban Renewal Authority. Photo: Xiaomei Chen

A group of Tai Hang Sai Estate residents turn up at the High Court. Photo: Brian Wong

Tenant of Hong Kong’s only private low-rent housing estate gets hearing to challenge eviction

Tai Hang Sai Estate in Shek Kip Mei is Hong Kong’s only privately owned low-rent housing estate. Photo: Eugene Lee

The non-profit corporation received the green light from authorities in 2014 to redevelop the Shek Kip Mei housing compound. Photo: Xiaomei Chen

Tenant of Hong Kong’s only private low-rent housing estate challenges eviction tactics

Tai Hang Sai Estate in Shek Kip Mei is Hong Kong’s only privately owned low-rent housing estate Photo: Xiaomei Chen

A banner with the Chinese character for “sad” hangs on a building in Tai Hang Sai Estate in Shek Kip Mei. Photo: Eugene Lee

Hong Kong landlord to appeal proceedings halt over bid to evict private estate tenants

Some tenants have refused to move out of the estate amid plans to redevelop the site. Photo: Xiaomei Chen

The corporation has yet to take back 19 flats among the estate’s 1,600 homes, including three that will be returned shortly and 16 considered to be illegally occupied. Photo: Xiaomei Chen

Last residents of ageing Hong Kong estate cling to memories, resist deadline to make way for redevelopment

A banner hangs in protest against the relocation of residents from the Tai Hang Sai Estate. Two of the site’s eight blocks were built as early as 1964. Photo: Xiaomei Chen

Tai Hang Sai Estate resident Kate Au Yeung is among those who have opposed the relocation plan. Photo: Xiaomei Chen

The estate is the oldest in the New Kowloon neighbourhood, with two of its eight blocks built as early as 1964. Photo: Xiaomei Chen

The Hong Kong Settlers Housing Corporation has told the Post its rehousing scheme has the support of the “vast majority” of households. Photo: Xiaomei Chen

News

Hong Kong

Law and Crime

86-year-old Leung Ah-duen has sought to challenge her landlord’s decision to limit rehousing help at Tai Hang Sai Estate


86-year-old Leung Ah-duen has sought to challenge her landlord’s decision to limit rehousing help at Tai Hang Sai Estate.


Hong Kong housing

Hong Kong property

Henderson Land

Hong Kong society

Tenant of Hong Kong’s only private low-rent housing estate loses resettlement bid

.css-1c6uqr6{color:inherit;font-weight:inherit;font-size:inherit;font-family:inherit;line-height:inherit;overflow-wrap:break-word;}86-year-old Leung Ah-duen has sought to challenge her landlord’s decision to limit rehousing help at Tai Hang Sai Estate

86-year-old Leung Ah-duen has sought to challenge her landlord’s decision to limit rehousing help at Tai Hang Sai Estate