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A spokesman for the Housing Department (HD) said today (September 26) that the department spares no efforts in combating against abuses of public housing resources, noting that five public rental housing (PRH) residents have recently been convicted by the courts for making false statement knowingly.
"In the first case, when filing the required income declaration in 2005 and 2009, a PRH household, including the tenant, his son and daughter, knowingly made false statements in the Income Declaration Forms," the spokesman said.
"They were convicted after trial at the Fanling Magistrates' Court last month. The court made the sentence with reference to their probation reports this month, the tenant was sentenced to imprisonment for a total of eight weeks while his son and daughter were sentenced 80 hours Community Service Order respectively."
They had concealed household income generated from the private domestic properties and the operation of commercial vehicles, thus they paid lesser rents for consecutive years.
In the second case, a PRH household member concealed the ownership of a domestic property when filing the required asset declaration in 2008. He was convicted after trial and fined $8,000 at the Tsuen Wan Magistrates' Court in October 2009.
This PRH household member (appellant) then applied for an appeal against the conviction to the High Court. One of the reasons for appeal was that the appellant's family would have to pay market rent no matter the asset value of the concerned property was declared or not and that there was no motive for the appellant to make the false statement. The reason, together with other appeal reasons, had all been rejected by the High Court in June 2010. The appeal was dismissed.
In the third case, when filing the required income declaration in 2008, a PRH household member understated $7,000 in her monthly income. She was convicted and fined $7,000 after trial at the Tsuen Wan Magistrates' Court in May 2009 for making false statement knowingly.
Although that PRH household member applied for an appeal against the conviction, her case was dismissed by the High Court last month.
According to the prevailing policy, households who have been living in public housing for 10 years or more are required to declare household income every two years. Those with household income exceeds the Subsidy Income Limit are required to pay 1.5 times or double net rent plus rates. Those who are required to pay double net rent plus rates are required to declare assets at the next declaration cycle. If their net household assets value exceeds the Net Assets Limit, they are required to vacate their PRH units.
"The HD has a well established mechanism to investigate PRH households' declared income and assets for assessing their rent payment level or their eligibility for continue residence in PRH," said the spokesman.
"Any person who knowingly makes any false statement on income or assets shall be guilty of an offence and shall be liable on conviction to a maximum fine of HK$50,000 and to imprisonment for six months."
"Where appropriate, a further fine trebling the undercharged rent may also be imposed by the court. Besides, the Housing Authority (HA) may terminate the concerned tenancy by virtue of the Housing Ordinance in accordance with its prevailing policy, and the tenant has to pay the amount of rent undercharged because of the inaccurate information."
The HD urges members of the public to report any abuse cases by calling the HA hotline 2712 2712; submitting online forms at the HA/HD website (www.housingauthority.gov.hk); sending in Abuse Report Aerogrammes, or alerting estate staff. All information provided will be kept strictly confidential.
Ends/Sunday, September 26, 2010
Issued at HKT 15:00
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