Advertisement

Illegal structures law applies to all

Reading Time:2 minutes
Why you can trust SCMP
0

The fastest way to bring the law into disrespect is to allow one rule for some and another for a privileged class. This in turn undermines one of the foundations of confidence in Hong Kong - the rule of law. Thousands of illegal structural additions to village houses in the New Territories are a case in point. Once the ombudsman drew attention to slack enforcement of the law covering these structures, the government had little choice but to act.

Development minister Carrie Lam Cheng Yuet-ngor stood by the promise of a crackdown after meeting powerful rural affairs body the Heung Yee Kuk this week. She said extra storeys added illegally to village houses must come down, with immediate action in serious cases, such as those with an extra storey or two or even three. She also ruled out an amnesty or a cash payment in lieu of compliance with the law, as suggested by some kuk members. Meanwhile the public has been shocked to learn that the properties of lawmakers, top officials, tycoons and public figures in prime residential streets also have illegal structures and that, in some cases, they ignored demolition orders. Two wrongs do not make a right. It would look like a case of one city, two laws if rural residents were allowed to get away with it while such high-profile figures were expected to undertake demolition.

The kuk now claims that only 36,000 village houses built since 1972 should be covered, and that houses built under old leases should be exempted pending consideration of legal and personal issues. While awaiting legal clarification, Lam has rightly stood firm that all village houses are subject to control. We trust there will no moratoriums, concessions, dispensations nor a 10-year deferral of enforcement for less serious breaches as sought by the kuk. The original decision to allow indigenous male villagers to build three-storey houses - and no more - is unambiguous. Mass abuse of it does not condone one rule for rural dwellers and another for their urban counterparts. If the government wants to maintain respect for the law it must enforce it.

Advertisement
Advertisement