Hong Kong firefighters have ‘legitimate expectations’ of getting flats after retirement, court hears
Retired officers permitted to stay in department flats as case proceeds
A High Court judge yesterday granted permission for six retired officers of the Fire Services Department to further argue their case in challenging rules governing their housing benefits.
The six men filed the application after they were asked to move out of the department's quarters. A hearing is slated for October 30.
The six are seeking a review of the department's decision to evict them, which came as the Housing Authority decided to reject their applications for public housing under the Civil Service Public Housing Quota Scheme, and to declare them ineligible.
Mr Justice Thomas Au Hing-cheung granted permission to retired firemen Li Kim-ming, Chan Hon-kit, Wong Kwan-leung, Ng Yiu-pui and retired ambulanceman Chung Kwok-man on the grounds that the department and Housing Authority had frustrated their legitimate expectation that officers occupying quarters would be able to get public housing before retirement.
Retired fireman Ng Ka-cheung obtained the permission on the basis that the authorities had failed to exercise discretion to consider his circumstances.
Au also granted them interim relief, allowing them to stay in the quarters pending the outcome of the judicial review.
During the hearing, lawyer Felix Ng said his clients had legitimate expectations about their housing because none of their predecessors had failed to get public housing, that they knew of. The court also heard there was a quota of 1,500 flats a year for retired civil servants under the housing scheme.
Lawyers for the department and the authority said that quota was not demand-driven, and there was no evidence to back up the applicants' expectations.
