Hong Kong indigenous villager lodges judicial challenge against city’s claim on land

Lam Kwok-lung, 29, files application to quash government’s order to reclaim ancestral land for Northern Metropolis development

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The Hung Shui Kiu area in Northern Territories, some of which includes tso/tong land. Photo: Winson Wong

Published: 9:04pm, 26 Aug 2024

An indigenous villager in Hong Kong’s New Territories has lodged a judicial challenge against a government decision to acquire his ancestral land through the Land Resumption Ordinance for the city’s Northern Metropolis mega development.

According to a judicial review application the Post obtained on Monday, Lam Kwok-lung, 29, filed the document last Friday against the city’s earmarking of the site covering his ancestral “tso/tong land” in Hung Shui Kiu and Ha Tsuen, to develop a new town and high-end professional services hub under the Northern Metropolis plan.

The New Territories is estimated to have about 2,400 hectares (5,930 acres) of tso/tong land, which refers to village plots held in the name of a clan, family or other traditional organisations, and does not belong to any single villager or individual.

Lam is seeking to quash the government’s bid for land resumption as a member of Lam Hung Sou Tso and Lam Lok Yee Tso. Both are registered owners of several sites to be returned to government ownership by the end of this month.

In his filing, Lam argued that the Land Resumption Ordinance, which allows the government to acquire any plot for public use, was “inconsistent” with Article 39 of the Basic Law, the city’s mini-constitution.

Article 39 states that the rights and freedoms of Hong Kong residents shall not be restricted unless prescribed by law.

The applicant contended the public purpose for land resumption, being decided by the Chief Executive in Council – that is, the city leader acting after consulting the key decision-making Executive Council – failed to respect property rights.