13 Jan 2021
KWOK CHEUK KIN AND ANOTHER v. DIRECTOR OF LANDS AND OTHERS
- Citation
- [2021] HKCA 54
- Court
- Court of Appeal
- Case number
- CACV234/2019
On proper construction of BL40 in its historical and constitutional context (including coherence with BL120/BL122 and Annex III and recognition in legislation and drafting materials), the Ding Rights (including free building licences, private treaty grants and exchanges as implemented under the Small House Policy) constituted lawful traditional rights and interests of New Territories indigenous inhabitants at the time the Basic Law was drafted and are therefore constitutionally protected by BL40; consequently the Small House Policy is constitutional in its entirety and the judicial review was…