SOLICITORS, AGENTS For TRADEMARKS & PATENTS
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False Statement/ Declaration
(Public or subsidized housing)
As the supply of public housing in Hong Kong tightens, the government has recently intensified efforts to combat the abuse of public housing, aiming to reclaim more units. If you are a public/subsidized housing applicants or tenant facing allegations, Chang & Co. understands the challenges you are up against and offers professional legal consultation services to assist you in preparing your statement and navigating related legal processes.
Common Cases of False Declaration
Based on our observations, common situations involving false declarations regarding public housing include:
1. Omission or Misrepresentation in Well-off Tenant Policy (WTP) Declarations:
Since October 1, 2023, all public rental housing (PRH) tenants must declare their living situation and any ownership of residential properties in Hong Kong every two years. Any omissions or misrepresentations may lead to legal consequences.
2. Failure to Declare Property Ownership When Green Form Applicants Purchasing Subsidized Housing:
The Subsidised Housing Committee of the Hong Kong Housing Authority (HA) endorsed on 26 April 2023 the revised eligibility for purchase of subsidised sale flats (SSF). Under the revised eligibility criteria, PRH tenants and Rental Estate tenants of Hong Kong Housing Society (HKHS) who apply to purchase SSF as GF applicants should not have owned domestic properties in Hong Kong during the period from 24 months preceding the closing date for submitting the application up to the time of purchase. Violating this rule may result in charges.
3. Failure to Remove Family Members' Names After Property Purchase:
Under the new WTP policy, since October 1, 2023, PRH tenants and their family members must declare any property purchase to the Housing Authority within one month of signing an agreement (including the provisional sale and purchase agreement). Failure to do so may be considered a false declaration.
Households living in PRH may be prosecuted for making a false statement knowingly, contrary to Section 26(1)(a) of the Housing Ordinance. Once convicted, the maximum penalty is a $50,000 fine and imprisonment for six months. Households may also be prosecuted for neglecting to furnish information as specified in a declaration form, contrary to Section 27(a) of the Housing Ordinance, and if convicted, the maximum penalty is a $25,000 fine and imprisonment for three months. The Housing Department will take action to recover the undercharged rent incurred due to the inaccurate information or even recover their PRH units.
Our services:
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If you are required to provide a statement to the Housing Authority, the experienced team at Chang & Co. will help you organize the details of your case and accompany you during the statement-taking process. This will ensure you can clearly articulate the events in question and have the opportunity to explain your situation.
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We also provide services related to applying for a ONE Bindover if you have already faced charges. A ONE Bindover, if successful, could prevent a criminal record and exempt you from probation or fines.
Meet our dedicated housing and criminal lawyer:
Henry has been appointed by the Housing Bureau of the Government of the HKSAR as the Member of the Appeal Panel (Housing). He knows the policy of subsidized housing well and has rich experience in handling false statements cases that can provide expert advice on your case.
Our service charges:
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Consultation: HK$3,800 per hour
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Attending the Housing Department or Housing Authority to accompany clients to give statement : HK$8,000 up for two hours
If you are facing public housing issues or any legal challenges, please feel free to contact us. Chang & Co. is unwaveringly dedicated to providing you with professional legal services. We will tirelessly defend your legal rights.
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