Dennis Kwok says the small house policy should be a matter of local courts . File photo: RTHK
Civic Party lawmaker, Dennis Kwok, says it is absurd to suggest Beijing could interpret the Basic Law to clarify the rights of villagers to build small houses.
Before Christmas, the powerful rural body, the Heung Yee Kuk, warned it would seek an interpretation or sue the government if it continued to crack down on indigenous villagers who sold their building rights.
Kwok told RTHK on Tuesday that any interpretation of the small house policy should be done by local courts and not Beijing.
"I think that’s an absurd proposition because this is not a matter which calls for the interpretation of the Basic Law by the NPCSC. This is purely an internal domestic matter for Hong Kong and I do not think the Court of Final Appeal will refer this matter to the NPCSC for interpretation," he said. "This is purely something which the Hong Kong courts can deal with".
The issue of whether male indigenous villagers can legally sell their rights to build houses was thrust into the spotlight earlier this month, when the District Court jailed 11 villagers who sold their rights to a developer. Regulations only allow villagers to build houses on their own land, but they sold their rights to allow the developer to build on its land.
The Kuk made it clear in prominent statements published in local newspapers that if the administration continues prosecuting villagers, it will take legal action.
In the statement, the Kuk insisted there was nothing "dishonest" about this practice. It said the policy was never intended to require villagers to actually live in the houses they build under the controversial small house policy.
http://news.rthk.hk/rthk/en/component/k2/1232362-20151229.htm
