bodyType

customContents

entityId

entityUuid

articlePageQuery

filter

article

articleBaseAdvertisingInfoArticle

articleListArticle

articleSeoArticle

helpersCheckIsPostiesArticle

hooksArticleAcknowledgementGateOverlayArticle

hooksTrackPageViewArticle

hooksContentInterestArticle

articleLinkingDataContent

articleSchemaContent

liveArticle

advertZone

sentiment

contentLock

topics

types

sections

moreOnThisArticles

urlAlias

commentCount

authorLocations

authors

paywallTypes

corrections

sponsorType

displaySlideShow

multimediaEmbed

printHeadline

seriesContainer

socialHeadline

headline

flag

firstTopic

glossary

flattenTypeIds

publishedDate

additionalInfoBoxes

images

image

relatedLinks

relatedNewsletters

__typename

createdDate

sponsor

factSheets

seriesReverseOrder

series

disableOffPlatformContent

published

updatedDate

summary

subHeadline

body

keywords

copyrighted

customTimezone

liveContents

I refer to the recent comments by the Heung Yee Kuk on a possible judicial review regarding the  lack of height restrictions  on the lots described as 'house' in the Block Crown Leases issued in 1905.
 The kuk appears to regard the Block Crown Lease as the only thing governing  land use in the New Territories.
 How about the Buildings Ordinance (Application to the New Territories),  first enacted on January 1, 1961, and further amended on October 16, 1987?  
The Development Bureau's discussion paper issued on June 22 reminded everybody that the provisions of the Buildings Ordinance applied to the New Territories as well, even if the Block Crown Lease had no height restrictions.
 And then there is the Town Planning Ordinance and its outline zoning plans.  
In the notes to the schedule of uses for  'village  type  developments', there is a clear height restriction of a maximum of three storeys (8.23 metres) for a new development, addition, alteration, modification or redevelopment of an existing building.
 There are so-called unrestricted leases on Hong Kong Island and in Kowloon. 
However, the landowners there comply with the Buildings Ordinance and Town Planning Ordinance in respect of building heights during development or redevelopment. 
They have to, otherwise the building authority will not approve the building plans or give consent to commence construction.
Under the law, a contractual document such as the Block Crown Lease cannot override a statute.
If the  kuk and indigenous villagers feel so aggrieved by this legislation, then perhaps they would like to persuade the government and the Legislative Council to repeal such legislation. Or they could perhaps issue a declaration of independence for the New Territories and secede from the People's Republic of China. 
As masters of their own country, they would be able to enact any legislation they liked to allow unlimited building heights for their village houses.
Danny Chung, Tai Po



Old leases without height restrictions cannot override  statutes passed later