Territories and, in consultation with the Heung Yee kuk, has devised a "Small
House Policy" to give effect to this traditional right.
4.
The Small House Policy permits the inhabitants of the New Territories,
despite the designation of land for agricultural use, to build on such land
"village type" houses provided that each of such houses does not exceed 700
square feet covered area, and is limited to 3 storeys and 25 feet in height.
Outside the recognized villages, the concession is governed by
stringent rules, but within the immediate confines of the village every male
person of that village who is descended through the male line from a resident in
1898 of that village may build one Small House within his lifetime.
5.
6.
In applying the policy, however, the New Territories Administration
often appears to have acted capriciously, and no reasons are usually given when
the application is refused. Further, there have been instances of very
considerable delays one instance is known of a delay of 6 years - in dealing
with applications.
7.
A
The New Territories Administration has, without the concurrence of the
Heung Yee Kuk, recently restricted the application of the "Small House Policy" in
this manner:-
8.
(i) The applicant is required to surrender his agricultural land
and obtain an in situ regrant with large numbers of restrictions
imposed.
(ii) In obtaining the regrant, the applicant is required to covenant
not to deal with the land in any way for a period of 5 years.
The Heung Yee Kuk supports the Government in recognizing the traditional
freedom of the inhabitants of the New Territories in regard to the construction of
Small Houses but deplores any further erosion of this freedom. The Heung Yee kuk
also complains of mal-administration in the application of the policy.
9.
The New Territories Administration should set out, for each village,
a clearly defined Extension Area so that the villagers would know the extent
available for the accommodation of the natural growth of each village. The Crown
Land within such Extension Area should be made available for sale to the
inhabitants of each respective village on concessionary terms.
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