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December 08, 2015

Villagers can't sell small house rights:government

2015-12-07 HKT 22:40
Eleven villagers and a developer were last week jailed after the villagers secretly sold their rights to the developer, who then built small houses on his own land. RTHK: file photo
The government has reiterated that it's illegal for indigenous villagers in the New Territories to sell their rights to build small houses, rejecting complaints that the practice was legal.
The statement follows the imprisonment of 11 villagers from Sha Tin last week, for secretly selling their rights to a developer, who then built small houses on his own land. The developer was also jailed.
After the sentencing, some villagers said they had been given the impression that the practice is legal because in 2007, the government changed the application criteria for small house construction, and no longer required villagers to make a statutory declaration that they had never agreed to transfer their right to build a small house. 
But the Lands Department said in its statement that these terms had instead been incorporated into the land lease. 
The statement added that, even if a person has not made a statutory declaration, criminal prosecution can be initiated if illegal acts are established. 
Meanwhile, Kenneth Lau, chairman of the Kenneth Lau, chairman of the rural advisory body, Heung Yee Kuk, said the Kuk has asked its legal team and a designated committee to clarify the matter.
On Friday, the District Court Judge Sham Siu-man said the small house policy relied on the honesty of villagers, but the policy was not working.
http://news.rthk.hk/rthk/en/component/k2/1228235-20151207.htm