Kuk to seek interpretation of the Basic Law if it loses "ding right" caseLocal | 14 Apr 2019 5:40 pm
There is a high chance Heung Yee Kuk will appeal against the High Court judgment against ding rights and if they lose in the Court of Final Appeal, they might seek an interpretation on the Basic Law, a rural leader said.
Leung Fuk-yuen, who chairs Heung Yee Kuk's traditional rights committee, said in a TVB program that since the Kuk held internal meetings and sought legal advice, there is a strong chance it will appeal against the judgment.
Leung said if the Kuk still loses in the Court of Final Appeal, it might seek a Basic Law interpretation by the Standing Committee of the National People's Congress.
"Basic Law interpretation is the best and swiftest path, but as Hong Kong respects the rule of law, we may first see how the court rules and if the judgment is unreasonable and deviates from the original intention of the Basic Law. The NPCSC has the responsibility and power to interpret the Basic Law," Leung said.
Last week, the High Court ruled that "ding rights" - the rights enjoyed by the beneficiaries of the Small House Policy - was protected by Article 40 of the Basic Law as long as the houses were built under free building licenses, which allows male villagers to build houses on private land without paying a land fee.
However, the other two means of construction - the private treaty grant, in which the government offers land with a premium that is two-thirds of the market price to a villager to build a house, and land exchange, where villagers switch their own plot with the government to build houses - were ruled unconstitutional.