Indigenous Villager's Judicial Challenge Against Hong Kong's Land Resumption Ordinance
Indigenous Villager Challenges Land Acquisition
An indigenous villager in Hong Kong's New Territories has submitted a judicial challenge against a governmental move to acquire his ancestral land under the Land Resumption Ordinance. This ordinance has enabled the city to pursue the Northern Metropolis mega development project, but Lam Kwok-lung argues that such actions violate his rights.
Citing Property Rights Infringement
Lam contends that the acquisition of ancestral tso/tong land in Hung Shui Kiu conflicts with Article 39 of the Basic Law, as it undermines individual property rights and allows the Chief Executive in Council to unilaterally determine what constitutes public purpose.
- Land Resumption Ordinance: Provides authority for the government to acquire land.
- Challenge Points: Noticed inconsistency with property rights.
- Indigenous Interests: Cites Article 40 protections for traditional rights.
Threat to Traditional Rights
Lam warns that relying on the public purpose rationale could endanger all lands in Hong Kong, allowing for increased risk of land resumptions. He asserts the government has provided insufficient evidence to demonstrate an urgent need for this acquisition, suggesting private negotiations would be more appropriate.
This article was prepared using information from open sources in accordance with the principles of Ethical Policy. The editorial team is not responsible for absolute accuracy, as it relies on data from the sources referenced.