[丁屋政策] Small House Policy

Small House Policy 

Background:

The Small House Policy was introduced in December 1972 with the objectives to improve the housing and sanitary standards in the rural areas of the New Territories.While improving the housing quality and living environment of the indigenous villagers over the past decades, the Small House Policy has aroused a number of public concerns amid changing social and economic contexts of the rural areas. Major issues of contention include sustainability of the Small House Policy, interpretation of the small house rights ("ding" rights) under the Basic Law, the progress on the Government's review of the Policy, disposal of small houses and the selling of "ding" rights.
     

Challenges:

1. Indigenous villagers selling their small houses soon after the issue of the Certificates of Compliance

2. Problem of the selling of "ding" rights, as some indigenous villagers had possibly applied for a building licence for the construction of a small house on a piece of land which was in fact beneficially owned by another person

3. Question of whether the selling of "ding" rights involves criminal offences.

(a developer and 11 indigenous villagers were convicted by the District Court of conspiracy to   defraud the Government by purchasing and selling the rights to build small houses during 2008, which involved the giving of false declarations by the indigenous villagers and the use of false documents to pretend they were eligible for small house grant)

Measures:

1. In 2001, the Lands Department further included an additional clause in the statutory declaration that the selling, transfer, alienation or disposal of the indigenous villager's rights to small house grants was not acceptable to the Government. Besides, it also restricted the use of Power of Attorney for the execution of small house grants.

2. Prohibition on transfer of "ding" rights

At present, in making an application to build a small house, the applicant is required to declare in the application form that he is the sole legal and registered owner of the land. To prohibit eligible indigenous villagers from transferring their "ding" rights, there is a warranty clause stipulated in the small house grant document in respect of the land lease granted by way of building licence, land exchange or private treaty grant.

3. Restrictions on small house assignment to prevent indigenous villagers from cashing in on their eligibility.

In the small house grant document, there are also clauses to prohibit alienation (i.e. the transfer of property ownership) before the issue of the Certificate of Compliance and set out the requirements under which alienation may be allowed after such Certificate is issued.

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