(Letterhead of Albert W.Y.CHAN, Member of the Legislative Council)
18th February 1997
To: Honourable Lee Wing-tat
LegCo Housing Panel.

Dear Mr Lee,

During the past few years, I have received many requests for assistance from public housing and Home Ownership Scheme (HOS) households. They pointed out that the Housing Department has no standard guidelines in handling the housing arrangements of divorcees and, as a result, they were at a loss as to what to do. In view of this, I wish to raise the following questions at a meeting of the Housing Panel and hope that the administration would provide a written reply before the meeting so as to enable us to follow up the issue. My questions are as follows:

  1. When public housing tenants are processing a separation, and if the two parties are unable to live in the same flat, will the Housing Department provide assistance to enable one of them to move out so as to avoid the occurrence of tragic events?

  2. Presently, the tenancy of a public housing household comprises of other family members of either party of a marriage. What kind of housing arrangements the Housing Department will make after the completion of the legal procedures of a divorce? Do divorcees need to have the recommendation of the Social Welfare Department?

  3. In the case of a divorce, the Housing Department would usually give the rights of tenancy to the party that has been awarded the custody of their child(ren). However, if the other party, that has lost the custody of the child(ren), refuses to move out, will the Housing Department take action to evict him/her so as to recover the flat for the party with the legal right of tenancy to live in it without any worry?

  4. After a couple (public housing or HOS tenants) have completed the legal procedures of a divorce, does the Housing Department have any explicit written rules requiring them to submit a copy of the Final Divorce Judgment (ie F6 Form) before allocating flats to such tenants who have a genuine housing need? If the answer is in the affirmative, please explain.
It is hoped that the officials concerned would furnish us with a written reply to the above questions as soon as possible.

Yours faithfully
Albert CHAN
(Chop affixed)

Last Updated on 20 August 1998