Former Kowloon Walled City resident takes Hong Kong government to court over 4-time rejection of public housing application

A former Kowloon Walled City resident will take the Hong Kong government to court after his application for public housing was rejected four times, contesting an eligibility clause that bars him because he accepted compensation when the area was demolished.

The retiree surnamed Hui filed a judicial review and accused authorities of “unfair treatment” over a policy that made him ineligible for government housing because he had accepted the financial package 30 years ago when his home in the Kowloon Walled City was knocked down.

“They reject me for the same reason every time, so I have no choice but to appeal through legal means,” the 74-year-old said.

Those who accepted the money are considered to have opted to make their own accommodation arrangements under Housing Authority guidelines and cannot apply for public rental flats.

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But those reimbursed because of more recent redevelopment projects or clearance of squatter areas can apply for two years after receiving payment.

Hui accepted the deal in 1993 and received HK$70,000, the equivalent of HK$131,237 (US$16,747) nowadays, as compensation for the demolition of a 250 sq ft (23.2 sq m) flat he co-owned with a friend in the 1980s.

The Kowloon Walled City was a densely populated enclave near the former Kai Tak airport that spanned 2.7 hectares (6.67 acres).

The area was infamous for its opium parlours and gambling dens run by triads before it was knocked down in the run-up to Hong Kong’s return to Chinese sovereignty in 1997.

The government offered residents the chance to relocate to public housing or be compensated the market price for their flats.

Hui said he and his friend had decided to split the HK$140,000 on offer.

“I chose to buy a unit in the Walled City precisely because they were cheaper due to the difficult environment. Flats on the market then cost HK$200,000 to HK$300,000, so HK$70,000 could not buy me anything,” he said.

Hui worked as a dim sum chef after leaving the enclave and was offered free accommodation with the job. He later switched to renting a subdivided flat in Yau Ma Tei when he became a security guard.

But a workplace injury in 2019 left him unemployed and living on the streets before the Society for Community Organization (SoCO) offered him a temporary place to stay and support to apply for public housing.

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“He is 74 and unable to find any more work due to his age and arm injury. We feel that as an elderly resident, he should have a roof over his head,” SoCO community organiser Ng Wai-tung, who is helping Hui apply for legal aid, said.

“The Housing Authority doesn’t have an appeal system, so we are taking this to the High Court, because we have exhausted all appeal procedures.”

Hui also receives financial support from the Comprehensive Social Security Assistance (CSSA) scheme for Hongkongers with assets of less than HK$35,000 and is at present staying at a transitional housing flat, but must leave after two years.

He said he felt the rejection of his public housing applications was unjustified because authorities still accepted those who had bought subsidised housing, but later faced circumstances such as divorce, bankruptcy or other financial hardships.

“I applied for CSSA thinking that I could apply for public housing through this exemption, but they still rejected me because I previously received compensation from the government and will not be eligible for any more subsidised housing,” he said.

“That is very unfair.”

The Housing Authority declined to comment as legal proceedings are under way.