BACKGROUND TO THE CASE OF MR LUI SUNG
A comp.
plaint from fir Lui Sung addressed to the Colonial Secretary was received in April 1972 saying that a hut for residential use, erected on his land held under a Crown Land Permit, had been demolished for no apparent reason and without notice by officers of the then Resettlement Department. No mention was made in this complaint either of the theft of $850 or the demand by a Mr Lee for payment of $200. A report prepared by the District Commissioner, New Territories, shows that the complainant had been refused permission in 1969 to erect a residential structure on this land because the area lay within the Tuen Mun New Town Layout. Mr Lui Sung nevertheless proceeded to build the house early in 1970, occupying 280 sq ft of Crown Land. He had hitherto been sharing his parents' house of 285 sq ft and a kitchen of 112 sq ft within 30 yards of the new structure. The District Officer, on compassionate grounds in view of the overcrowding in the parent's house, decided to tolerate Mr Lui Sung's building and a Crown Land Permit was issued to him. It was made clear to Mr Lui Sung that he would not be permitted to erect any more buildings on this land. Specifically, he would not be allowed to build his own kitchen and was obliged to make communal use of his parents' kitchen.
The complainant did, however, erect a kitchen which was discovered on the 13th March 1972. Notice was served on him on the 13th March requiring him to prove within two days that the structure was legal. The structure was clearly not legal and was demolished on the 23rd March 1972. At the time of the demolition only the children of the complainant were present. Mr Lui Sung's parents did not apparently witness the demolition. On the 25th March 1972 the local Police Inspector informed the District Office that Mr Lui Sung had complained that the demolition party had not only destroyed his kitchen but had stolen some $800 in cash from his house and had made holes in the roof rendering it uninhabitable. The demolition team was interviewed by the Police. One of Mr Lui Sung's daughters was interviewed. told the Police that the demolition party had not touched the house, only the kitchen. Two Assistant District Officers visited the scene on the 25th March 1972 and found that a series of holes had been made in the roof of the house, probably with an old chisel found at the scene. The CID considered that Mr Lui Sung's complaints were without foundation.
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Mr Lui Sung was informed in a letter written on behalf of the Colonial Secretary dated 23rd May 1972 that whilst the illegal kitchen had been demolished the house itself had not been demolished and that after careful investigation the Police had been unable to substantiate Mr Lui Sung's claim that $800 in cash had been stolen.
/It was discovered
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