In TMS 924/2025, Mr Gordon Chan represented the defendant, who faces a summons for the misuse of public housing resources. The Magistrate accepted that he was remorseful for his neglect and imposed a fine of $10,000.
In TMS 924/2025, the defendant pleaded guilty to an offence under s 27 of the Housing Ordinance (Cap 283) for neglecting to furnish information in a declaration form issued by the Housing Authority to its tenants. Following mitigation, the Magistrate accepted that he was remorseful for his neglect and imposed a fine of $10,000.
Prosecution for this type of offence has been prevalent in recent years. Under the recent policy to tighten the misuse of public housing, the tenants of public housing units may be required to provide information about their income and assets to the Housing Authority. Several offences could arise if the tenant failed to provide the information or provided the wrong information:
| Offence | Maximum Sentence |
|---|---|
| False statutory declaration under s 36 Crimes Ordinance | 2 years imprisonment and a fine |
| False declaration under s 26 of the Housing Ordinance | 6 months’ imprisonment and level 5 fine ($50,000)+ |
| Refusal or neglect to furnish information under s 27 of the Housing Ordinance | 3 months' imprisonment and level 4 fine ($25,000) |
Note that all these are serious charges of increasing severity that could result in imprisonment. In recent years, hefty fines and even sentences of imprisonment have been imposed.
However, one important distinction is the consequence of a conviction. Most importantly, not all convictions will leave a criminal record, the keeping of which is a matter for the Police. As of 17 February 2025, offences under the Housing Ordinance are not covered by the list of offences kept in Police records. However, an offence under s 36 Crimes Ordinance is most serious and will be recorded. It will also affect the insurance of the “Certificate of No Criminal Conviction” by the Police.
Offences concerning misuse of public housing resources have been dealt with seriously by the court in recent years. While being regulatory in nature, they could attract grave consequences.
Gordon Chan, Esq
Barrister-at-law, Archbold Hong Kong Editor on Public Health, and Member of the Bar Association's Committee on Criminal Law and Procedure. Specialised in medical, technology and criminal law.
