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Hong Kong Link REIT Survives Late Legal Challenge
by Mary Swire, Tax-News.com, Hong Kong

16 December 2004

Hong Kong’s High Court has dismissed a last minute legal challenge to the government’s sale of more than HK$30 billion in real estate, allowing the Link Reit (real estate investment trust) listing to go ahead as planned.

The judicial review of the sale was brought by an elderly Hong Kong couple who claimed that the government had breached the city’s housing code and failed to provide alternative accommodation and amenities to residents.

The plaintiffs were also backed by opposition lawmaker Albert Cheng, who has criticised the authorities for selling off the property inventory, which includes 180 car parks and almost one million square metres of retail space, too cheaply.

The rejection of the plaintiffs’ substantive application by Justice Michael Harman clears the way for the listing to take place on the Hong Kong Stock Exchange, which is scheduled for today.

However, the ruling has left the door open for a possible appeal of the Link Reit’s structure in the Appeals Court, and reports indicate that the episode has merely served to sow seeds of doubt among many investors over the future of the listing - not least its chief architects, HSBC, Goldman Sachs and UBS Investment Bank.

"We welcome the court's decision," commented Mary Li, the Housing Authority's spokesperson.

"But we have to wait to see whether the petitioners will appeal before we say our listing date is on schedule," she added.

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