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The following is issued on behalf of the Housing Authority:

In connection with the Housing Authority's (HA) decision to apply for a stay of execution of the Orders made by the Court of First Instance on 12 August in respect of the Judicial Review on the Authority's decision to defer the review of rent of its Public Rental Housing (PRH) estates (the Orders), Acting Director of Housing, Ms Elaine Chung, submitted an affirmation to the High Court on behalf of the Authority yesterday, setting out the reasons for the Authority's application for a stay of the Orders.

In the affirmation, Ms Chung also made an undertaking on behalf of the Authority that will address the concerns of the Applicants and all families affected.

"The Respondent (i.e. the Housing Authority) is willing to undertake to refund, in the event of an unsuccessful appeal to the Court of Appeal (and, if appropriate, in the event of an unsuccessful final appeal), to the Applicants and all families affected by the Order of Mandamus the difference between the rents at existing levels and the rents that they should have been paying pending the appeal(s) in the absence of a stay of execution together with interest, " Ms Chung said today (20 August).

"The Respondent is also willing to undertake to provide rental assistance or flats with cheaper rental to all eligible families in need in the meantime pending the determination of the Appeal," she also added in the Affirmation.

Ms Chung explained that the undertaking was done voluntarily by the Housing Authority to address concerns expressed by some public housing tenants over the length of time needed for the Authority to appeal and follow the due processes of the law.

Ms Chung emphasized that the Housing Authority respects the rule of law. Since the judgment involves an important interpretation of the provision of the Housing Ordinance Cap 283, the Housing Authority has decided that, in the public interest, the Authority has the responsibility to lodge an appeal against the Judgment of the High Court handed down on 11 July 2003.

"The Authority is exercising the rights conferred upon the parties to any litigation by the judicial system of the SAR Government according to the established legal procedures. In fact, the Housing Authority has hoped to appeal directly to the Court of Final Appeal. However, we understand that the Applicants have refused to adopt this faster and less costly legal procedure," Ms Chung said.

End/Wednesday, August 20, 2003

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