RASHKB Journal 皇家亞洲學會香港分會學刊 | RAS-1994
https://digitalrepository.lib.hku.hk/catalog/zk522640g
64

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
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RASHKB Journal 皇家亞洲學會香港分會學刊 | RAS-1999
https://digitalrepository.lib.hku.hk/catalog/s178b887x
92

Do villagers really believe in tun fu?

How many of the New Territories' villagers really believe in tun fu? Earlier, it was mentioned that the Pat Heung villagers were paid $600,000 to stage their collective tun fu ceremonies. Brian Jenny, Government Director of Audit, in November 1994 wrote in his report that, during the 1980s, amounts paid annually by the Government (on account of feng shui disturbances) varied between $500,000 and $950,000. In 1990, the Government paid $1.1 million, in feng shui compensation, to the villagers at Ha Tsuen so that ceremonies could be held (Hong Kong Standard; 1990). The fall in the purchasing power of the dollar over the years must be taken into account when interpreting these figures.

When the British took over Hong Kong they promised the Chinese that Qing laws would be retained and local customs respected (Endacott; 1958, 38, 40, 41). Certainly a large number of festivals, customs and much culture have been retained. To some degree, because of lack of restrictions during the colonial period, there was limited hostility towards the British (Cheung; 1999, 573). Other ex-colonial powers could perhaps argue that this easygoing affinity, which developed between the Hong Kong Chinese and their rulers, was not always in the interests of the Colony. For example, the compensation paid to villagers to hold tun fu ceremonies, could have been put to better use.

But returning to how many villagers really believe? A small group of elderly women that the Author spoke to, sitting in the sun near a tun fu pot at Shui Tau Village, in the Kam Tin District, said that when work first started on improvements to the Kam Tin River the villagers did not intend doing anything. But people started falling sick and several died. It was decided then to hold a tun fu ceremony.12 'Did the elderly ladies believe in tun fu?'

'Well, people stopped falling ill and dying,' they replied, 'so of course we had to believe.'

That is as good an argument for believing in tun fu as any.

Nevertheless several retired civil servants, both British and Chinese who have worked in the New Territories, some as District Officers,
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