Landlord set to appeal court’s dismissal of bid to evict elderly residents from Hong Kong’s Tai Hang Sai Estate
Hong Kong Free Press
The landlord of a private low-rent housing estate has said it would seek to overturn a Hong Kong court’s dismissal of a bid to evict elderly residents who refused to move out of their flats ahead of the planned redevelopment of the complex.
The move came after Hong Kong’s District Court on Thursday dismissed the Hong Kong Settlers Housing Corporation’s (HKSHC) application to litigate, saying that most of the 13 Tai Hang Sai Estate residents involved were working-class elderly people who were not represented by lawyers.
The court said it had a duty to stop litigants from “taking advantage” of their wealth and resources, local media reported. The HKSHC issued a statement later that evening saying it would seek to overturn the court’s decision.
The corporation’s lawyers would seek to clarify the facts and legal questions in accordance with the judicial process in the appeal, the HKSHC said.
Redevelopment
The estate, Hong Kong’s only privately-owned low-rental housing estate, is set to be demolished and redeveloped to provide 1,300 flats for returning tenants and some 2,000 units for a “starter homes” pilot scheme. Most residents will be eligible to move back in 2029 after the site is redeveloped.
The HKSHC earlier filed a civil case against 67 residents who had refused to give up their flats. District Court Registrar Michelle Soong on Thursday handed down her judgement for 13 of those cases.
Representing the HKSHC, Senior Counsel Patrick Fung and Michael Lok on Monday made a submission opposing the District Court’s earlier decision to order a stay of proceedings.
On Thursday, barrister Lydia Leung, representing three of the Tai Hang Sai Estate residents, opposed the bid to resume legal proceedings against them, as did the remaining 10 residents who did not have legal representation.
Fairness and justice
In a judgement addressing the 13 residents, judge Soong said the court had a duty to bar attempts to leverage the court system against underprivileged residents.
“On the issue of fairness and justice, I have noted that most of the defendants/residents involved in this civil suit are elderly grassroots residents, of a low education level, and lack financial resources,” Soong said in the judgement.
“From the perspective of the residents, this dispute stems from the fact that they have lost their homes, and has to do with how they can continue to live through their twilight years,” Soong wrote. “The court has a duty to stop any attempt, by any party, to take advantage of their money and resources to get a swift decision against residents through the court system.”
“Over the course of handling these cases, I regret to note that the it seems the residents’ arguments had not been given the attention they deserve. It is hoped that all parties concerned will not judge and belittle others on the basis of wealth, power and academic qualifications. They should look beyond class and realise that we are equally human.”
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