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The following is issued on behalf of the Housing Authority:

Housing Authority's Statement:

After careful consideration of the Judgement of the High Court on the Judicial Review sought by Madam HO Choi-wan and Mr. Lam Kin-sum, the Housing Authority decided today (July 24) to lodge an appeal against the Judgment of the High Court handed down on July 11, 2003.

Having regard to the principle of "legal privilege", the Housing Authority held a closed door meeting today. The Housing Authority was assisted in its discussion by its legal advisor who presented his views and the grounds for appeal. Members of the Authority considered all aspects of the case including the wide implications of the Judgment on its rent policy, its finances and the future of the public housing programme. The Authority decided that in the public interest, it has the responsibility to instruct its lawyers to lodge an appeal against the Judgment of High Court handed down on July 11, 2003.

Although the Court has yet to make an order on relief, the Housing Authority understands that Madam Ho Choi-wan and Mr Lam Kin-sum sought to require the Housing Authority to review the rent of the flats occupied by them, and to bring the rent of these two flats to a level so that the Median Rent-to-Income Ratio (MRIR) of all public housing estates does not exceed 10%, as required by Section 16(1A) of the Housing Ordinance Cap 283. After considering the advice of its legal team, the Housing Authority cannot agree to the draft Orders of Madam Ho and Mr Lam. The Housing Authority has instructed its lawyers to apply for a stay of the Order of the High Court where necessary.

In view of the immense public interest implications of the Judicial Review case, the Housing Authority has asked that an application should be made for the case to be heard directly by the Court of Final Appeal.

End/Thursday, July 24, 2003

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