Small House Judgement Unfair, Says Heung Yee Kuk

The chairman of the powerful rural body, the Heung Yee Kuk, on Monday blasted as “unfair” a court judgement which ruled that it’s unconstitutional for male indigenous villagers to build homes on plots of land obtained from the government.

Following a special meeting, Kenneth Lau said the Kuk ‘regrets’ and is ‘disappointed’ by that part of the ruling, though he stressed that the body respects the court’s judgement.

Lau added that the Kuk will consult its lawyers before deciding on the next course of action, while appealing to members to “remain calm and exercise restraint”.

The High Court had ruled that while Article 40 of the Basic Law protects the traditional rights of indigenous villagers to build small homes without paying land conversion fees, they can only do so on private land – and not on land obtained from the government through Private Treaty Grants (PTG) or land exchanges.

Lau says the Kuk welcomes the court’s affirmation of the villagers’ rights.

“Obviously, the judgement confirmed that indigenous [villagers] have the right to build on their own land, and [this right is] also is protected by the government under Article 40 of the Basic Law very clearly”, Lau said.

He estimated that around 86 percent of new village homes approved by the government over the past decade has been built on private land, with around 10 percent built on land obtained through PTG, and the rest through land exchanges which have now been ruled as unconstitutional.

“The number is getting less and less”, Lau said, estimating that there are now fewer than 100 applications that involve public land grants or exchanges every year.

But he stressed that the Kuk will fight to protect the rights of its constituents, even if only one applicant is affected.

This judgement will “for sure affect applications underway”, Lau said. “I’m sure the government administration will slow down this process, so this would affect those villagers. That’s why I feel sad and sorry about this [part of the] judgement.”

But Lau dismissed suggestions that the small-house policy has for decades kept the government from using hundreds of hectares of land in the New Territories because of the need to ensure a steady supply to indigenous villagers.

However, Brian Wong from the Liber Research Community concern group – which has long been campaigning against the small-house policy – said he’s optimistic that large swathes of land can now be freed up for more appropriate uses such as public housing, or be designated as conservation areas.