New Territories villagers and social science academics say the woman tipped to be the next chief secretary will spark huge controversy with her ideas to end the small-house policy and reform the city's welfare system.
Lau Wong-fat, chairman of rural affairs body the Heung Yee Kuk, gave a guarded response when told of development minister Carrie Lam Cheng Yuet-ngor's latest remarks on the small-house policy. 'This is only her view and only what she told you. I have never heard about that. I don't want to comment,' Lau said.
Junius Ho Kwan-yiu, a lawyer and chairman of the Tuen Mun Rural Committee, was alarmed. 'I am curious to know how the government interprets Article 40 of the Basic Law, which protects our traditional rights and interests,' Ho said.
He argued that male indigenous villagers' traditional rights and interests include the privilege of building small houses, the right to burial (as opposed to cremation), the right to be free from paying government rent for land they own, and their interests in protecting the fung shui of villages.
'Does she want to limit it, or really cancel it? If she means the small- house policy should be improved, I can understand. If it is not, is it the right thing to do? I don't understand,' Ho said. Asked if he thought the kuk would launch a judicial challenge, the lawyer said one had to 'think twice [before doing] everything'.
Eric Cheung Tat-ming, an assistant law professor with the University of Hong Kong, said the government would need to conduct a thorough legal study if it wanted to end the small-house policy.
'Government lawyers must study the historical background, how the small-house policy evolved over the years. Only by a historical study can they deduce and define what exactly the traditional rights are - whether inheriting and selling a small house is part of these rights, for example - and be safe from a possible legal challenge,' Cheung said.