KWOK CHEUK KIN V. DIRECTOR OF LANDS AND OTHERS V. HEUNG YEE KUK (INTERESTED PARTY) (and 2 others)
[2021] HKCFA 38 Court of Final Appeal 5 November 2021 • FACV2/2021; FACV3/2021; FACV4/2021 • 42 min read
15 cases cited
(0 SG, 15 foreign)
Practice Areas
Counsel (12)
Department of Justice Firm Ho Tse Wai & Partners Firm T.K. Tsui & Co Firm Anthony Chan Counsel Respondent Benjamin Yu Counsel Respondent Danny Tang Counsel Interested Party Isabel Tam Counsel Applicant Jat Sew-Tong Counsel Interested Party Jeffrey Tam Counsel Applicant Jin Pao Counsel Interested Party Lord Pannick Counsel Interested Party Martin Lee Counsel Applicant
Summary
Kwok Cheuk Kin challenged the Small House Policy as unconstitutional, alleging discrimination against non-indigenous inhabitants in the allocation of land in the New Territories. The Court of Final Appeal considered whether the policy was protected by Article 40 of the Basic Law as a 'lawful traditional right' of indigenous inhabitants. The appeal was dismissed, with the Court upholding the constitutionality of the policy.
Statutes Cited
Buildings Ordinance (Cap 123)
High Court Ordinance (Cap 4)
Hong Kong Bill of Rights Ordinance (Cap 383)
Rating Ordinance
s 36(1)(c)
Rules of the High Court (Cap 4A)
Cases Cited (15)
UK (3)
[1999] 1 AC 98 [2012] 1 AC 868 [2015] 1 WLR 4546
HK (12)
(2001) 4 HKCFAR 211 (2002) 5 HKCFAR 1 (2007) 10 HKCFAR 335 (2019) 22 HKCFAR 59 [2006] 4 HKLRD 211 [2017] HKCFI 1852 [2019] HKCFI 867 [2020] 1 HKLRD 988 [2021] 1 HKLRD 1247 [2021] 1 HKLRD 737 [2021] HKCA 169 [2021] HKCA 54
Judgment
Read the full judgment on the official Hong Kong Courts portal.
Read on HKLIISource: HKLII ([2021] HKCFA 38)