8 Apr 2019
KWOK CHEUK KIN AND ANOTHER v. DIRECTOR OF LANDS AND OTHERS
- Citation
- [2019] HKCFI 867
- Court
- Court of First Instance
- Case number
- HCAL260/2015
The court held that BL40 protects only those lawful traditional rights and interests traceable to rights enjoyed by indigenous inhabitants before the 1898 New Territories Lease; Free Building Licence (conversion of Old Schedule agricultural lots to village houses at nil premium) is such a lawful traditional right and is protected by BL40, whereas Private Treaty Grant and Exchange are not traceable to pre-1898 traditional rights and thus are not protected; accordingly the Small House Policy is constitutional and lawful only insofar as it confers Free Building Licence benefits, but unlawful in…