Court finds defendants violated government policy meant to encourage indigenous residents to build homes for own use
JULIE.CHU@SCMP.COM
PUBLISHED : Friday, 27 November, 2015, 4:11pm
UPDATED : Friday, 27 November, 2015, 4:11pm
The developer David Li speaking before media at an earlier stage of the case. Photo: SCMP Pictures
Eleven indigenous villagers and a developer were convicted this morning in District Court of deceiving the government in a ‘small-house’ building scheme.
The 11 villagers were found to have illegally sold their right in building “small houses” to developer David Li Yam-pui, 81, and obtained a total of HK$4.3 million in rewards between 2008 and 2011.
Judge Sham Siu-man convicted Li as well as Chan Chi-cheong, 51; Wong Cheuk-fan, 49; Wai Chun-kit, 33; Wai Chun-ho, 34; Wan Kwai-lun, 70; Cheng Kwok-wah, 56; Cheng Yu-wang, 54; Cheng Hing, 79; Yau Kwai-chu, 57; Wai Pak-hon, 31; and Ricky Lau Tak-sing, 46. Together they faced 22 counts of conspiracy to defraud.
READ MORE: Builder and 11 villagers accused of defrauding Lands Department in ‘small-house’ scam
Sham said: “The government’s policy was meant to allow [indigenous villagers] to have their own houses so that they could live there with their family.
“However, the indigenous villagers in this case did not follow the policy to execute their rights to build houses for their own use. They sold their rights in return for personal gain. This is against the government’s policy.”
Sham remanded the 12 in custody pending sentencing on December 4.
The court heard the developer paid money to a middleman to look for indigenous villagers who were eligible to apply to construct “small houses”.
In this case, the 11 villagers were approached and each paid between HK$130,000 and HK$250,000.
READ MORE: Hakka clan to resurrect Hong Kong village that was lost to high-rise development
The developer then used their names to apply to the Lands Department to build houses. However, he concealed that the villagers had entered deals to transfer or dispose of the land.
The government introduced a ‘small-house policy’ in 1972 that allowed some Hongkongers who had a right to claim village land located in the New Territories to build a home.
To be eligible, applicants must be male, older than 18 years, and descended from the male line of someone resident in a village that was recognised to exist in 1898.
http://m.scmp.com/news/hong-kong/law-crime/article/1884172/big-trouble-over-small-houses-hong-kong-developer-villagers
