7th Year Greater China Legal History Seminar Series 2021-22
The 7th Year Greater China Legal History Seminar Series organised by CUHK LAW will begin from September 2021. The first seminar, "The Small House Policy and the Court of Appeal", will be delivered online by Mr. Malcolm MERRY from the University of Hong Kong.
"The Small House Policy and the Court of Appeal" (10 September 2021)
In January this year after months of deliberation Hong Kong's Court of Appeal decided that the Small House Policy in its entirety is constitutional and therefore protected by Article 40 of the Basic Law. In doing so, the court partially reversed the judgment of the Court of First Instance that one aspect of the policy was not constitutional.
The Court of Appeal took a different approach from that of the trial judge to the assessment of the meaning of 'the lawful traditional rights and interests of New Territories indigenous inhabitants' and whether the small house grants come within that phrase. This assessment involved an account of the history of housing in rural areas.
This seminar will recount, explain and examine the Court of Appeal's reasons. It will suggest that the court's historical account is not entirely accurate and involves some questionable interpretation.
Details and registration: https://bit.ly/3jzuFTH
