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Ding Quan case|The Court of Final Appeal alleges that Guo Zhuojian was exempted from deposits for public interest and will continue to appeal

2021-07-23T13:49:31.943Z


Guo Zhuojian, known as the King of Cheung Chau Review, challenged the small house policy with social worker Lu Zhiheng a few years ago and filed a judicial review. The High Court once ruled a partial victory, and then the three parties involved appealed. The Court of Appeal overturned the original at the beginning of this year


Guo Zhuojian, known as the King of Cheung Chau Review, challenged the small house policy with social worker Lu Zhiheng a few years ago and filed a judicial review. The High Court once ruled a partial victory, and then the three parties involved appealed.

Earlier this year, the Court of Appeal overturned the judgment of the Court of First Instance and ruled that the government and Heung Yee Kuk won the case.

Guo Zhuojian earlier stated that he would give up the appeal on the right to Ding because he was unable to pay the security deposit, but the small house policy would still appeal, and he has applied to the court for exemption of the security deposit.


Guo Zhuojian today (23) was exempted from paying the deposit by the Court of Final Appeal and will appeal to the Court of Final Appeal on the small house policy.

According to the judgment issued by the Court of Final Appeal, Guo Zhuojian was bankrupt and the case involved public interest, so he was exempted from paying the security deposit.

Guo Zhuojian replied that he would continue to appeal to the Court of Final Appeal.


▼Small House Policy for Indigenous Residents in the New Territories▼

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Guo Zhuojian originally filed a legal review with Lu Zhiheng on Ding Quan and the small house policy, and appealed to the Court of Final Appeal on the four disputes involved in the case.

However, he said last week that because Lu Zhiheng had withdrawn from the appeal and he was bankrupt, in order to pay 1.2 million yuan in the deposit, he would give up on one of the disputes, namely, the right to appeal.

As for the small house policy, it will still appeal, and last week applied to the court for exemption from paying the security deposit.

He responded to enquiries today, saying that he was exempted by the Court of Final Appeal from paying the full security deposit, that is, a total of 4.8 million yuan.

He will continue to appeal four disputes over the small house policy.

He also pointed out that the case was scheduled to start trial in October this year.

The verdict is that the case cannot be fully tried if the deposit is not exempted

According to the judgment issued by the court, Guo Zhuojian was bankrupt and unable to pay a total of 4.8 million yuan in deposit. If he is required to pay the deposit, it means that he will need to abandon the appeal.

The judgment pointed out that the case involves public interest. If Guo Zhuojian's deposit is not exempted, there is a good chance that the case will not be fully tried in the Court of Final Appeal.

Appeals court will appeal to the final court in April this year

A few years ago, Kwok Cheuk Kin challenged the small house policy with social worker Lu Zhiheng. According to the 2019 judgment, the High Court ruled that Kwok Cheuk Kin and Lu Zhiheng partially won the lawsuit, saying that it is unconstitutional for the original residents to build small houses through private agreements or land exchanges on government land.

However, if the indigenous residents build small houses on their own land with a "free housing license", their traditional legal rights will not be affected.

After the court's decision, the three parties involved, namely Guo and Lu, the government and the Xiang Yi Ju, all appealed against the ruling.

As a result, the Court of Appeal ruled in January this year that the Heung Yee Kuk and the government won the case, that is, the original inhabitants’ private agreement, land exchange, or the use of their own land to build small houses were not unconstitutional.

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Guo and Lu believe that the small house policy is only a transitional policy of the colonial government to improve the living environment of the indigenous inhabitants of the New Territories. There is no traditional history to trace; however, the small house policy confers privileges on the indigenous inhabitants, and the transmission of males to females violates equality. In principle, it should be revoked, so an appeal was filed.

The Court of Appeal approved Guo and Lu’s application on April 29 this year. It believed that it had a significant impact on the public. It approved 4 disputes to the Court of Final Appeal, including whether the right of a male’s original small house in the New Territories belongs to the "legitimate traditional rights and interests" in the Basic Law. ".

Ding Quan case | Guo Zhuojian FB claims to abandon the appeal to the Court of Final Appeal, saying that he could not pay 1.2 million security deposit. Ding Quan case | Guo Zhuojian will appeal to the Final Court Local Research Institute. Dismantling the verdict: The appeal of the Ding Quan case is worth discussing.

Demolition | The ruling is equivalent to a judgment on the small house policy, the perpetual land supply contradiction is more acute | The local research agency expects the government to reserve more official land Yin Zhaojian criticizes the difficulty in solving the problem of the right. The Dingquan case appeals | Development Bureau: Continue to implement the small house policy After the resignation of the judgment, the frozen application for Ding Quan’s appeal is resumed | Heung Yee Kuk Chairman Liu Yeqiang welcomes the ruling to describe the victory: this time we win 3:0

01News

Source: hk1

All news articles on 2021-07-23

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