Case Commentary

Kwok Cheuk Kin v Director of Lands (HCAL 260/2015, 8 April 2019)

Application for judicial review concerning whether “ding” rights under the Small House Policy are within the “lawful traditional rights and interests of New Territories indigenous inhabitants” in Article 40 of the Basic Law. Application allowed insofar as it relates to Private Treaty Grant and Exchange, being two of the three forms of land grant under the Small House Policy.

Jeffrey Tam and Isabel Tam of Denis Chang’s Chambers appeared with Mr. Martin Lee SC for the applicants.