Controversial small-house policy was never traditional right of indigenous male villagers in Hong Kong, landmark hearing told
- Qing dynasty laws did not forbid females or outsiders from acquiring land in New Territories villages, senior counsel Martin Lee argues
- Barrister says he has never handled a case where most people are discriminated against
The exclusive right of Hong Kong’s male indigenous villagers to build homes without paying a land fee is not part of the indigenous traditions the law protects, the High Court heard on Monday at the start of a landmark case.
The judicial review hearing, which poses one of the most serious challenges to the government’s protection of the privilege, comes amid a heated public debate over how to source more land to solve the city’s housing crisis.
The scheme being challenged, known as the small-house policy, has been widely criticised for being unfair to most Hong Kong people amid high property prices and shrinking living spaces.
The judicial review was initiated by former civil servant Kwok Cheuk-kin, who was later joined by social worker Hendrick Lui Chi-hang. The hearing was expected to last eight days.
The respondents include the director of lands, the chief executive and Executive Council, and the secretary for justice.