Ding Quan’s case appeal Liang Fuyuan: The National People’s Congress Interpretation
Earlier, the High Court ruled that Ding Quan was the original inhabitants of the New Territories to protect the traditional rights and interests of the Basic Law. However, at the same time, he decided to use the official land to build a small house in a way of applying for the construction of a small house. Liang Fuyuan, director of the New Territories Traditional Rights and Interests Committee, said that the team of lawyers from the Heung Yee Kuk was studying the judgment and believed that there was a great opportunity to appeal to ensure that the rights of the indigenous residents would not be damaged. Asked if the Court of Final Appeal will continue to maintain the original judgment, he will not rule out the interpretation of the NPC.
Mr Leung explained that the private agreement and the land-changing penthouse arrangement are ancillary policies derived from Ding Quan. He estimates that there are tens of thousands of indigenous residents who have no land to build small houses, accounting for 10% to 20% of the original residents. Clearly understand the relevant policies and reaffirm that the indigenous residents of the New Territories respect the rule of law. However, if the court ruling violates Article 40 of the Basic Law, it will lead to unrest. “It seems that the villagers (the villagers) resisted Britain and resisted Japan, affecting regional harmony and stability.”
He also asked in this case whether the Standing Committee of the National People’s Congress needs to explain the original intent of Article 40 of the Basic Law and bluntly stated that “the NPC’s interpretation of the law is the fastest, most ambiguous and positive.”
Appeal for the concession to build “Ding Xia”
He described the British government in the colonial era “seduce” the owners and villagers to contribute land, let the government develop new towns, and finally let the villagers have housing problems. The public should understand the feelings of exploitation of their rights and interests, and the interpretation of the NPC is not for individuals. interest. He bluntly said that in the past, Hong Kong has repeatedly asked the NPC to interpret the law. Therefore, the Heung Yee Kuk has asked the NPC to interpret the law without prejudice to Hong Kong’s stability.
He also stressed that the implementation of the small house policy for many years should be kept in line with the times. For example, the restriction on the three-storey building of the small house should be relaxed. It is even possible to renovate the “Ding Xia”. It is proposed that the government provide interest-free loans and that as long as the villagers pay the land premium, they will resell the Ding. There is no restriction on housing. “Green housing, public housing and HOS flats can all be bought and sold. However, the villages are based on market value. The Government has the policy to make up the market price and can transfer it first. The land is free. The land is their own. He hopes that the government will release the agricultural land in the New Territories, speed up public-private partnership and indirectly benefit the indigenous inhabitants.