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the agreement is only a diplomatic document and not part of the treaty or laws of Hong Kong, it would be unlikely to present a successful legal claim (Wesley Smith; 1992; 29). Customary law is, nevertheless, an essential part of rural life in the New Territories. It has thus been argued that the existence of fung shui was tacitly acknowledged by the government (Hayes, 1963: 143).
While Englishmen sometimes claim that, legally, their houses in Britain have 'right of light' or 'right of air', in ancient China disputing parties sometimes went to court over infringements of fung shui rights. 'He has ruined my fung shui. He has no business to put himself above me,' a Chinese would state. In Hong Kong, however, impaired fung shui has never been actionable under British law.
Compensation
Nevertheless, the Hong Kong Government has not only respected the beliefs of the New Territories' villagers but also paid out sizeable amounts over the years as compensation when people have claimed the Government has spoiled their fung shui. One wonders how many other colonial powers would have been as considerate. Examples of spoiling fung shui include excavations that break the 'neck of the dragon' and constructing highways or water supply schemes which impair the sweep or rhythm of hills. A less caring government would have ridden roughshod over any perceived obligations,
In 1990, the Government paid HK$1.1 million to fund a 72-hour fung shui ritual at Ha Tsuen, which included engaging Taoist priests and erecting a small, temporary temple. The fear was that the construction of a sewerage disposal system, which included tunnelling through a small hill on which many of the villagers' ancestors are buried, would disturb evil spirits.
Another example occurred on Tsing Yi Island when the villagers reacted at intervals from 1977 to 1980 (Hayes, 1979: 213; and Hayes, 1980: 155). There are many other cases. Women protesters are often more visibly active than men.
In November 1994 Mr Brian Jenney, the Government Director of Audit, tabled his annual report. Tuen Mun New Town, he stated, had cost