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New Territories villagers gathered at a rally on the small-house policy ruling at Heung Yee Kuk in Shek Mun on Tuesday. Photo: Edmond So

Hong Kong rural villagers to appeal court ruling on small-house rights and vow to get more militant if government does not do more to fight their corner

  • More than 1,000 villagers from across the New Territories gathered at a rally at the headquarters of the Heung Yee Kuk, which represents their interests
  • Some suggested asking Beijing to interpret the Basic Law to restore their full rights, though the kuk says it has no immediate plans to do so

Hong Kong rural leaders have vowed to take a more militant stance on the so-called small house rights, and show “massive resistance”, as they condemned the government for being too weak in helping safeguard their rights against attacks by “evil elements”.

The patriarchs decided on Tuesday to appeal the recent court ruling which abridged villagers’ rights to build houses, restricting them to private land they own, rather than government lots.

During the two-hour rally held at the headquarters of the Heung Yee Kuk, the rural body that represents the interests of New Territories villagers, those gathered observed a minute’s silence to show respect to their ancestors who fought the colonial British government to protect their land.

The rural leaders agreed it was time for them to flex their political muscles, with some suggesting calling for Beijing’s intervention to resolve the issue.

“We sought further legal advice and were told we have good reason to appeal the case,” said kuk chairman Kenneth Lau Ip-keung. He however declined to go into detail regarding their points of arguments.

Rural leaders pictured at the Heung Yee Kuk special meeting on the small-house policy in Shek Mun. Photo: Edmond So

Lau said their critics “bad-mouth indigenous villagers and rural affairs under the pretext of equal opportunities and anti-discrimination”.

“Such moves by the evil elements are actually intended to destroy the stability of society and make political gains. We are disappointed that the government has not stood firm enough to protect our rights,” said Lau, who also sits on the government cabinet.

Small-house policy was never traditional right of indigenous male villagers, hearing told

Tuesday’s rally follows the recent High Court ruling, which held that while the entitlement to build small houses exists as a traditional right of indigenous people protected by the Basic Law, the city’s mini-constitution, government trading or granting of public land to villagers to build small houses is unconstitutional.

The government has since stopped processing villagers’ applications for building houses on government land, pending the final outcome of the court case, a move that the rural leaders said was unreasonable. The Heung Yee Kuk says more than 4,000 current applications have been affected.

Over 1,000 villagers and rural leaders, from the 27 rural districts across the New Territories, took part in Tuesday’s rally. Photo: Edmond So

Lau said the kuk would press officials to reverse their decision or else it would step up action.

Implemented in 1972, the small-house policy entitles male descendants of indigenous people in the New Territories to build a house three storeys high, of 700 square feet per floor.

The policy has been criticised as being discriminatory and prone to abuse, and is seen as unfair in a city starved of space for housing.

Opinion: Sustainability is a big problem for the small-house policy

Over 1,000 villagers and rural leaders, from the 27 rural districts across the New Territories, took part in Tuesday’s rally; the kuk put the attendance at 2,000.

The villagers packed the grand theatre and televisions were set up in the atrium outside for the benefit of those who could not get in.

The villagers waved placards as they chanted slogans “Defend our rights. Appeal appeal appeal”, “Government grabs our land, but villagers are left without homes”.

Villagers holding placards at the Heung Yee Kuk meeting in Shek Mun. Photo: Edmond So

Addressing the crowd, Tai Po rural committee chairman Peter Lam Yick-kuen said: “As the last resort, we should seek Beijing to interpret the Basic Law. We should also be prepared to stage massive resistance activities.”

The head of the Heung Yee Kuk Research Centre, Kingsley Sit Ho-yin, expressed similar views. Sit said: “The small house rights are a political issue. They are also a core value and core interest of New Territories villagers. Trying to resolve it only by going to the court would not be very useful.

“It is time for the Heung Yee Kuk to show its political power.

Opinion: Time to overhaul small-house policy and root out those who abuse it

“I am not saying we should mobilise villagers to occupy Central, or surrounding the Legco. But if we are unfairly treated, we will not just sit back and do nothing.”

Kuk chief Lau later told the press the organisation had no immediate plan to seek Beijing’s help.

Some rural leaders also voiced discontent with the long wait to build small house. Some claimed they had heard of cases in which villagers had waited for more than 20 years.

This article appeared in the South China Morning Post print edition as: Rural leaders to take militant stance on villagers’ rights
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