The Tai Hang Sai Estate has a unique place in the history of Hong Kong. It is the only privately owned public housing estate in Hong Kong, and is owned and managed by a non-profit corporation – the Hong Kong Settlers Corporation Limited. Built in the aftermath of the Shek Kip Mei fire in 1952, and with 8 blocks and 1,603 flats, the estate has provided affordable housing for low-income tenants over the years.

With calls to improve the estate due to old age and disrepair, the estate is being redeveloped in conjunction with the Urban Renewal Authority to increase the quality of housing and provide additional affordable flats. As an integral part of the redevelopment, a rehousing package was proposed to assist existing tenants find alternative housing during the redevelopment period. The vast majority of tenants accepted the offer, and by December 2024, over 99% of units had been recovered. There were, however, a small minority of dissatisfied tenants who challenged the decision by way of judicial review.

Leung Ah Duen v The Hong Kong Settlers Corporation Limited

 [2025] HKCFI 3715, upon surveying the relevant authorities and despite the creative arguments raised by the Applicant, Coleman J accepted the submissions advanced by the Corporation and decided that the rehousing decision was not amenable to judicial review, and in any event, it was neither unreasonable in the public law sense, or contrary to policy.

), instructed by Ho Tse Wai & Partners, for the Applicant.

, Michael Lok, and Paul Law, instructed by PC Woo & Co, for the Respondent.

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Are Decisions of Hong Kong’s Only Privately Owned Public Housing Estate Amenable to Judicial Review?

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