Recently, there has been a heated debate in the community to use the Land Resumption Ordinance to reclaim land to solve the problem of public housing demand gaps
The Regulations give the Chief Executive the right to recover land for public use and decide on what terms the leased land should be leased out. “Public use” is defined as improving the hygiene of a property, changing the situation that severely interferes with adjacent buildings, use related to the Hong Kong Garrison, and public use as determined by the Chief Executive in Council.
It can be seen that the resumption of land by citing the “Regulations” is the exercise of public power. In addition to strictly performing the law
it must first fully prove that the resumption of land is for public use, and it is necessary to balance public interests with those protected by law. Personal interests over private property rights. As for the relief method, although the Regulations prohibit legal action against the government on the grounds of losses caused by land resumption, it does not prohibit judicial review based on the legitimacy, rationality, and legitimacy of the process. Therefore, the resumption of land using the “Regulations” needs to be prudent and appropriate to avoid falling into the judicial review process and it is difficult to achieve the original intention.
In contrast, the legal framework for the construction of affordable housing in mainland China, which implements the socialist public ownership of land
according to the “Land Administration Law of the People’s Republic of China” and the “Regulations on the Collection and Compensation of Houses on State-owned Land” (“House Collection Regulations”) stipulates that the state is a public Interests may be expropriated and requisitioned in accordance with law or houses on state-owned land and compensated. The House Expropriation Regulations more clearly define the situation of house expropriation, including the need for the government to organize the construction of affordable housing projects, and stipulate that the government must conduct a social stability risk assessment before making a decision on expropriation. The remedies of the requisitioned person include applying for administrative review or filing an administrative lawsuit.
The land problem in Hong Kong has been a long time coming, but the solution is imminent. It may be widely used for reference. Within the scope permitted by the current law, we can quickly investigate and promote with breakthrough thinking.