ABSTRACT
This chapter gives an overview of the policy and statutory framework under Home Ownership Scheme (HOS). It examines the legal principles for determining beneficial ownership. The chapter analyzes court cases involving family disputes over HOS properties. While public sentiments for an increase in housing supply have been calmed down following the implementation of HOS, the housing scheme has imposed a new set of challenges for the development of property law and trusts law with respect to ownership of subsidized housing units in Hong Kong. The Hong Kong Housing Authority (HKHA), a statutory body established in 1973 under the Housing Ordinance, has set stringent conditions of eligibility. The HKHA may, however, based on the merits of each case, exercise its discretion by giving its consent to an HOS owner’s request for change of ownership under special circumstances. The Court of First Instance ruled that the plaintiffs have acquired beneficial interests in the HOS flats in question under resulting or constructive trusts.
