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In recent years, there have been debates in Hong Kong on “ding rights” under the Small House Policy, which allows male descendants of indigenous villagers to build small houses on private land in the New Territories. Article 40 of the Basic Law states: “The lawful traditional rights and interests of the indigenous inhabitants of the ‘New Territories’ shall be protected by the HKSAR.” However, it does not define these rights or how to protect them. Because ding rights involve indigenous interests and constitutional interpretation, the government has long been cautious. This book explains Article 40, posing key questions: What are the origins of the “New Territories” and its indigenous inhabitants? What are traditional rights? What protection does the Basic Law provide? Are these rights privileges? Who interprets Article 40? What methods are appropriate? Do ding rights fall within Article 40? Must the Basic Law be amended to adjust the Small House Policy? Reviewing extensive documents, the book examines the history and intent of Article 40, maps potential constitutional challenges, and explores the space within HKSAR autonomy to adjust New Territories policy—offering objective, neutral legal research for readers interested in the Basic Law and New Territories studies.
This book is included in DOAB.
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Keywords
- China
- Civil rights
- hong kong
- indigenous people
- Law
- thema EDItEUR::L Law
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