Ming Pao News Agency

The first challenge of the judicial review of Ding Quan, the former resident of the New Territories, and the High Court ruled that the applicant had partially wins.This ruling has an important clarification for the legitimate traditional rights and interests of the original residents. The original residents could only exercise Dingquan to build a house in private land, which means that the government has no obligation to reserve official land for the original residents to build Dingwu.Dingwu's policy has been implemented for dozens of years, which has seriously deviated from the original purpose. It has become a tool for small people to make wealth and requires that the interception of the dragon has risen.Land supply, however, at least provides important footholds for disputes in Dingquan. The key is whether the government is determined to disappoint anyway, and stop the small binding people to continue abuse of privileges.

Ding Quan's review part of the victory can be made up, anyway, the starting point

Dingwu's policy began in 1972. The original intention was to improve the poor living environment of the original residential villages. He hoped to improve the sanitary standards of housing housing in the countryside. At the same time, it was also a strategy to cooperate with the development of new cities. However, soon the policy was implemented.The house abuse is serious.Dingwu's policy allows the original residents to build and sell Dingwu. For some New Territories Territories, it is like a big business without a natural profit.The license plate is like a silver card license. It is necessary to clarify the policy as soon as possible. Unexpectedly, the problem of Ding House has been dragged for decades, and it has not been treated.

Hong Kong's land is limited, but Ding Quan is infinite.As of September 2017, the government has approved a total of 42,000 Dingwu construction applications. In the past 10 years, the area of rural development land for the construction of Dingwu has increased by more than 200 hectares.Power, illegal selling to others, the so -called set.With the urbanization of Hong Kong, Dingwu deserves gradually disappearing, and the government cannot endlessly meet the needs of the original residents for Dingwu, and it is more responsible for curbing the abuse of Ding power.The implementation of Dingwu's policy is nearly half a century, and the government is time to reform and comprehensively correct the chaos. This time, the judicial review case of Dingquan should be the starting point of this reform.

There are two cores of Dingquan disputes. One is whether Ding Quan's legal and traditional rights and interests of the original residents of the New Territories, and the other is the abuse of Ding power.The high court's decision was the first problem.At present, the original residents have three ways to exercise Dingquan. The High Court has resigned that more than a hundred years ago, the Hong Kong -British government had a policy to allow the original residents to build a house in their own agricultural land.Dingwu belongs to the legal and traditional rights, but the other two types of Ding rights, that is, build Dingwu in official land through private land contracts or land exchange, but cannot be regarded as traditional rights and is not guaranteed by Article 40 of the Basic Law.

The High Court ruled that the original residents of the New Territories could no longer expand the development scope of Dingwu by asking the government for land.Since 1972, about 30 % of the licenses have been approved by private contracts or land replacements. Although the number of in recent years has declined, the average number of approved approved approved in Dingwu each year is still over 10 %.Tan Huizhu, deputy director of the Basic Law Committee, recalled the discussion of the Basic Law that year, stating that if the original residents had no place or could not be exchanged, rural land would die naturally, and the original residents' Dingwu and Ding Quan could not be implemented.There are also situations that disappear naturally.At present, there are about 630 original residents villages in Hong Kong. Unless the original residents have laws constantly expanding the scope of Dingwu land, when the exercise of Ding Quan is always exhausted, the question is whether the government has political determination to enter the gate.Essence

It is difficult to release the land development of the land to overestimate the high court's ruling controversial depository

According to the current policies, the original residents can buy Dingwu from the government with preferential prices, and the government has also distributed about 900 hectares of land into the recognition of the rural areas and reserved for the construction of Dingwu.The High Court ruled that the government does not need to reserve these 900 hectares of land for Dingwu, and it can be restrained and restrained in terms of planning land.Of course, one thing must be noted that most of these official land are quite fragmented and scattered. Many of them are cushioning zones around 300 feet around the countryside.Unrealistic ideas.

To solve the problem of land, we must seek truth from facts.In the past, private group studies have pointed out that a small part of these Dingwu reservations are slightly large, with an average of more than 1 hectares per piece, which can be used well.The high court's decision may not be the ultimate conclusion, but the government should still study early to discuss whether it can be changed to the use of related land to build houses.But then, if someone has a statement with these 900 hectares of land, there is no need to fill in the sea to build land in the future.Although some Dingwu reserved land is adjacent to the brown land, it can be theoretically integrated and used. However, brownland often has economic operations that are running, and the issue of land acquisition compensation is dragged for a long time at any time. The difficulty of actual operation cannot be underestimated.

Some people in the rural faction believe that the judge of the High Court confirmed that the original residents' rights and interests of the construction of Dingwu in private land are equivalent to the original residents who can build a house outside the recognition of rural areas.Regarding whether the interpretation is true or insightful, or to interpret it, it takes time to observe. The only thing that can be certain is that the ruling of the High Court has a profound impact.Ding Quan's legal foundation and controversy will not come to an end because of this ruling.