30 Oct 2025法庭線#7464
平屋控大坑西邨未遷出居民第二案 6人均達和解 居民庭外稱滿意承諾書條款獲修改
Tai Hang Sai Estate in Shek Kip Mei is to be demolished and redeveloped. The Hong Kong Settlers Housing Corporation Limited brought civil proceedings against residents who refused to move out. The second consolidated case entered its third day of hearing at the District Court on Thursday (30th). Four of the original defendants had reached settlements, while the other two had intended to defend the case. By Thursday, those two residents had also reached settlements with the corporation, and the proceedings against them were discontinued. In other words, all six residents in the case had reached settlements.
One of the residents who had originally intended to defend the case, Tak Weng Chau, said outside court that he had been unable to eat or sleep because of the litigation over the past year or two, and was now “greatly relieved”. He said the hearing had led the corporation to amend the wording of the undertaking so that it did not restrict residents from pursuing claims in court. “In fact, I have achieved my small objective,” he said, adding that he had “accomplished my mission and withdrawn”.
石硤尾大坑西邨將清拆重建,「平民屋宇有限公司」民事控告拒絕遷出居民。第二宗合併案周四(30 日)在區域法院踏入第三日審訊。本案原有 4 人已達和解,另兩人擬抗辯。至周四該兩名居民亦先後與「平屋」達成和解,獲終止訴訟。換言之,本案 6 人均已達成和解。
其中一名原擬抗辯的居民周德榮在庭外指,這一、兩年因打官司寢食難安﹐如今「鬆晒口氣」。他又指,是次審訊使「平屋」修改承諾書條款字眼,不限制居民向法庭申索,「其實我已經達到我小小嘅目的」,認為自己是「功成身退」。
21 Oct 2024法庭線#4164
大坑西邨重建 再多兩居民與平屋和解 另兩居民申暫擱程序押後12月中聆訊
Dah Kung West Estate in Shek Kip Mei is to be demolished and redeveloped. Poor People’s Housing, which built and manages the estate, failed to reach settlements with 13 residents and was refused permission to resume possession proceedings. Poor People’s Housing appealed, and the appeal was heard in camera at the District Court in September this year. The judgment was published on the Judiciary’s website on Monday (21st).
District Court Chief Judge Justin Ko disclosed in the judgment that two more residents had reached settlements with Poor People’s Housing. As Poor People’s Housing was unwilling to continue participating, the court ordered the settlement meetings for the remaining defendant residents to be terminated and the case to proceed to the case management conference stage. The judge adjourned the matter to mid-December for another judge to handle the residents’ applications to stay the legal proceedings and Poor People’s Housing’s proposed opposition (see the chronology table in the main text).
District Court Judicial Registrar Wing Sum Soong previously said in a judgment that the process and outcome of the settlement meetings were regrettable. In its appeal, Poor People’s Housing asked the court to clarify the judicial jurisdiction and powers of the master. Justin Ko said that the master’s forceful expression of views during the settlement meetings was not biased, and that conducting hypothetical analysis did not amount to prejudging the case. He also said that the parties should have been given an opportunity to make submissions before the judgment was published.
石硤尾的大坑西邨將清拆重建,興建與管理該邨的「平民屋宇」與 13 名居民和解不果,要求恢復收樓訴訟程序被拒,「平屋」提出上訴,今年 9 月在區院閉門聆訊,判詞周一(21 日)在司法機構網站公布。
區院首席法官高勁修在判詞透露,再有兩名居民與「平屋」達成和解,而由於「平屋」不願繼續參與,法庭下令終止餘下被告居民的和解會議,並推展至案件管理會議階段。官押後至 12 月中聆訊,交由另一法官處理居民暫時擱置法律程序的申請,以及「平屋」的反對建議(時序見內文表)。
區院司法常務官宋泳琛早前在判詞指,和解會議的過程及結果令人遺憾。「平屋」上訴時要求法庭釐清聆案官的司法管轄權及權力。高勁修指,「聆案官在和解會議中有力地提出意見並非偏頗,作推演亦非未審先判」,同時指應在公布判詞前,讓與訟方有機會發表意見。
Translations are supplied by the source workbook. Consult the original reporting for context.