Hong Kong’s small-house policy of ‘great importance’, deserves further scrutiny, court says
- Court of Appeal judges endorse bid against male indigenous villagers’ rights to build homes in New Territories
- Issue of ‘great general or public importance’ and should go to Court of Final Appeal
Three judges have endorsed an appeal to Hong Kong’s highest court against male indigenous villagers’ rights to build three-storey homes in the New Territories, after finding the entitlement involved “great general or public importance”.
In a judgment released by the judiciary on Thursday, the Court of Appeal agreed that the question of whether the so-called ding right granted to male indigenous villagers under the government’s small-house policy was constitutional deserved further scrutiny before the top judges.
“[The question] is plainly of great general or public importance which ought to be submitted to the Court of Final Appeal,” the ruling said.
Presided over by justices Jeremy Poon Shiu-chor, Johnson Lam Man-hon and Thomas Au Hing-cheung, the court also approved an application to appeal against its determination on issues about the general judicial review procedures.
The Court of First Instance delivered a landmark ruling in April 2019, when it handed a partial victory to Hong Kong’s male indigenous villagers, upholding their right to build three-storey homes in the New Territories, but ruling that the entitlement was constitutional only for private land.
The ruling had forced the government to suspend two village land projects, and put a 900-hectare reserve of rural land in limbo.
Afterwards, the two applicants, social worker Hendrick Lui Chi-hang and former civil servant Kwok Cheuk-kin, as well as the justice department and Heung Yee Kuk, the rural body representing villagers’ interests, lodged an appeal.
The government and the kuk emerged victorious in January, as the Court of Appeal reinstated male indigenous villagers’ full rights to build homes on both private and government land. Lui and Kwok subsequently filed to appeal in the top court.
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Hong Kong’s small-house policy: indigenous rights or unfair advantage?
Britain’s colonial government implemented the small-house policy in 1972 with the purpose of controlling squatter issues and improving housing in the New Territories.
Since then, the policy has allowed each indigenous villager descended from the male line to – on reaching the age of 18 – apply to build one small house with three storeys at the most and each floor measuring a maximum of 700 sq ft.
In a city constantly hungry for space, the approach has been criticised for being discriminatory and prone to abuse, and is widely seen as unfair.
The judicial challenge was first mounted in 2015, after 11 indigenous villagers were jailed for up to three years for a scam in which they sold their land rights for profit.
Lawyers for the applicants had argued the policy was unconstitutional because it discriminated based on a person’s sex, birth or social origin.
