Hong Kong Settlers Housing Corporation wins first case against Tai Hang Sai Estate residents who refused to move out; all five lose
平屋控大坑西邨未遷出居民 首案5居民全部敗訴 居民哽咽「呢條路行得好崎嶇」
Tai Hang Sai Estate in Shek Kip Mei is to be demolished and redeveloped. Hong Kong Settlers Housing Corporation brought civil proceedings against several residents who refused to move out, with two cases consolidated for hearing. In the first case, involving five residents, District Court judge Kam Tsuen Chan ruled on Thursday (the 23rd) after trial that the Corporation had won in full, ordering the residents to surrender their units and pay the legal costs. However, the costs claimed by the Corporation’s barrister were limited to those of one barrister with 12 years’ seniority. The residents disputed whether the wording of the contracts and agreements concerning the former Kwong Man Village, the predecessor of Tai Hang Sai Estate, referred to “rent-purchase” or “sale”. The judge rejected the argument, saying that ordinary contracts for the sale and purchase of land and buildings would specify the bungalow lot, whereas the “subject matter of purchase” in the contracts concerned was only the “house”. This showed that the contracts concerned only the rental or purchase of the “house”; once the house was demolished, “the related rights would correspondingly disappear at the same time”. Hong Kong Settlers Housing Corporation said it welcomed the judgment and called on the residents to return their units so that the works could proceed in full. A resident in his 60s, Peter Wai Kwan Kin, choked back tears as he said, “This road has been very arduous.” He also said he could not afford market rents and would consider appealing.
石硤尾大坑西邨將清拆重建，「平民屋宇」民事控告多名拒遷出居民，合併兩案處理。其中涉 5 人的首案經審訊後，區院法官陳錦泉周四（23 日）裁定「平屋」全部勝訴，下令居民交出單位兼付訟費，但將「平屋」代表大狀的費用限於一名年資 12 年的大狀。 就居民一方爭議大坑西邨前身光民村的合約、協議字眼是「租購」或「銷售」，官反駁指，一般土地樓房買賣合約會列明平房地段，惟涉事合約「購買主體」僅為「房舍」，可見合約僅涉租用或購買「房舍」，有關房舍一旦被拆卸，「相關權益相應地同時消失」。 「平屋」指歡迎裁決，呼籲交回單位讓工程全面展開。六旬居民關偉建哽咽指「呢條路行得好崎嶇」，又稱無法負擔市場租金，稱會考慮上訴。