Heung Yee Kuk also prepared to seek a reinterpretation of the Basic Law
SHIRLEY.ZHAO@SCMP.COM
PUBLISHED : Thursday, 24 December, 2015, 5:50pm
UPDATED : Thursday, 24 December, 2015, 5:50pm
Small houses like these in the New Territories could become the subject of a challenge to the Basic Law. Photo: Felix Wong
Hong Kong’s powerful rural affairs body, the Heung Yee Kuk, has threatened to sue the government or even seek a reinterpretation of the Basic Law if indigenous villagers are prosecuted for selling their land rights to property developers.
The Kuk published a strong statement in several Chinese-language newspapers on Dec 24, hitting back after 11 indigenous villagers and a developer were convicted in November by the District Court of deceiving the government. The villagers were found to have illegally sold their exclusive right to build small houses to the developer for HK$4.3 million between 2008 and 2011.
The government introduced the small-house policy in 1972, which allows male indigenous villagers who have a right to claim village land located in the New Territories to build a three-storey home to live in.
But in the statement signed by 17 Kuk leaders, including the chairman and vice-chairman, the rural body noted that back in 2007, then secretary for development Carrie Lam Cheng Yuet-ngor had issued a letter to the Kuk assuring it that even if villagers sold their rights to other parties, the Lands Department would only consider confiscating the plots involved instead of prosecuting the villagers.
They also cited Article 40 of the Basic Law, guaranteeing protection for the “lawful traditional rights and interests” of indigenous villagers.
The Kuk said it would hold talks with officials, but warned that if its demands were not met, it was prepared to sue the government or even seek a reinterpretation of Article 40.
“Any reasonable people will feel that [selling small-house rights] is not against the law, or is only ‘legally stealing’,” the Kuk’s statement read.
“We absolutely believe that [the act] definitely does not involve dishonesty, and it should absolutely not be criminalised.
“We need to let Hong Kong citizens know that we indigenous residents in the New Territories are reasonable and not insatiable.”
http://m.scmp.com/news/hong-kong/politics/article/1894493/hong-kongs-powerful-rural-leaders-threaten-sue-government
