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SHPL's statement on HA's Appeal to the Court of Final Appeal

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Following is a statement by the Secretary for Housing, Planning and Lands, Mr Michael Suen, issued today (July 24) on the Housing Authority's appeal to the Court of Final Appeal:

"Having carefully considered the advice from its legal team, the Housing Authority decided this morning to lodge an appeal against the High Court's judgment concerning the judicial review of the rental of public housing. The Authority is exercising the rights conferred upon the parties to any litigations by the judicial system of the SAR Government according to the established legal procedures.

I would like to emphasize that the Authority respects the rule of law. Since the judgment involves an important interpretation of the provision under the Housing Ordinance concerning the determination of variation of rent of public housing, Members of the Authority concluded, following a two-hour deliberation of all the relevant aspects of the case, that they have a duty to file an appeal in view of the huge public interest at stake.

The Authority shares the views expressed by some quarters in the community that this is an urgent issue that has to be resolved without delay. It is also the Authority's intention to conclude the legal proceedings as expeditiously as possible. The Authority believes that if the case is to be heard directly by the Court of Final Appeal, a final judgment could be reached and the case settled within the shortest period of time. Therefore, the Authority has instructed its lawyer to file the relevant application with the High Court.

Some public housing tenants have recently expressed certain demands in connection with the judicial review. Since their demands are closely linked to the Authority's decision to appeal, the Authority therefore decided this morning that upon conclusion of the legal proceedings and clear judgment from the court on the proper interpretation and implementation of the relevant legal provisions, it would proceed to review its domestic rent policy and identify a satisfactory arrangement for rent adjustment immediately in accordance with the law."

End/Thursday, July 24, 2003

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