5 Nov 2021
KWOK CHEUK KIN v. DIRECTOR OF LANDS AND OTHERS v. HEUNG YEE KUK (Interested Party)
- Citation
- [2021] HKCFA 38
- Court
- Court of Final Appeal
- Case number
- FACV3/2021
BL40 protects the Small House Policy as a lawful traditional right or interest of indigenous New Territories inhabitants as understood at the time the Basic Law was promulgated (April 1990); 'lawful' refers to public law lawfulness of administrative exercise and does not import the general anti-discrimination obligations of BL25/BOR22 to defeat BL40; therefore the male-line Small House Policy is constitutionally protected and the appeal is dismissed.