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Hong Kong housing
Opinion
David Dodwell

Inside Out | John Lee must act on Hong Kong’s rampant illegal development

  • The explosion of outrage over the widespread practice is a reminder of the extent of disdainful disregard for the law
  • Such abuse undermines respect for the rule of law, attracts corruption and calls into question government integrity

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An aerial view of Flamingo Garden Block B in Clear Water Bay, where the Post has uncovered suspected unauthorised structures, seen on January 23. The prevalence of illegal structures going noticed but unpunished risks undermining faith in the rule of law in Hong Kong. Photo: May Tse
Almost 22 years ago, I bought a three-storey village house in a clan village in a Sai Kung bay. It sat in the middle of a 2,500 sq ft patchwork-tiled garden and was surrounded by a pretty white picket fence. Surrounded by mountains and close to the water, it was a house I had always dreamed of owning and was light-years from the urban stereotype that most people think of as a Hong Kong home.

The seller told me he had, five years previously, applied to the Lands Department for a five-year short-term tenancy (STT) to tidy his legal right to “use” the garden but had so far received no reply. He suggested I reapply for one.

When I raised this with neighbours, I stirred alarm. Most said I was stupid to apply. After all, while the previous owner had lived there, no one from the government had ever challenged his right to use the garden. Why volunteer to pay what would at that time have been about HK$15,000 (US$1,900) a year?

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Others had more self-interested motives. Many also had small gardens and had never bothered to apply for an STT. They feared my application would stir a hornets’ nest, and that as officials came to inspect my garden, they would notice all the other gardens and discover they were illegally occupied.

When I decided to do the right thing, a group of village clan members stormed the Sai Kung Lands office, urging them to refuse my application. They were concerned not just that officials would want to demand STTs for their own gardens; they regarded my garden area as village land and so I was not entitled to the “exclusive” access my STT would give me.

It took another three years before the Lands Department replied, ignoring the village clan protests and saying they would grant me an STT. Meanwhile, no one else in the village had applied for an STT for their own gardens and, to this day, no one from the government has come to pester them. Most neighbours still regard me as a mug for applying.

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