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The battle over Hong Kong’s controversial small-house policy is not finished

  • The High Court has upheld the right of indigenous male villagers to build homes on private land
  • But few were satisfied by the judgment, with challenges and policy headaches still to come

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Illustration: Lau Ka-kuen

A recent court decision on a controversial policy affecting New Territories villagers has reminded Hongkongers that when it comes to housing, as in so many other areas of life, people are born unequal.

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While most of the city struggles with astronomical property prices for tiny homes and a severe shortage of land for new developments, it is a different story for males over 18 years old who can prove their forefathers lived in rural villages more than a century ago.

Thanks to a colonial-era law, these males – known as ding – are allowed to build “small houses” on their farmland without paying a hefty fee that reflects the value of the property after development.

By forking out about HK$5 million (US$637,500) to erect and furnish a three-storey house of up to 2,100 sq ft — a spacious home by Hong Kong standards — they can own a property easily worth HK$20 million or more.

Since their introduction in 1972, the so-called ding rights have resulted in 43,000 such houses being built across the rural New Territories. In a city starved of space, some 5,000 hectares – almost a fifth of the size of Hong Kong’s urban areas – are locked up for such low-rise development.

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A landmark judicial review at the High Court in April left all interested parties dissatisfied, and ensured that ding rights would remain a political hot potato for years to come.
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