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Myth of "Small House Policy"
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Present in a Seminar on Small House Policy organised by Labour Party, 28/5/2016
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Myth of "Small House Policy"
1.
丁權是傳統?丁屋政策迷思與真象 本土研究社 工黨丁屋政策研討會 (28-05-2016)
2.
工黨 丁屋政策研討會2016年5月28日 • 「滿足自住需求」非丁屋政策原意? •
丁權受基本法四十條保障? • 丁權是傳統權益?其實,何謂「傳統」?
3.
「滿足自住需求」非丁屋政策原意? 港英「蝦碌」誤益丁屋任起 解密文件:漏寫「無屋住才可建」 明報 2012年1月9日 …新界民政署(現合併於民政事務總署)在1980年撰 寫一份丁屋政策的內部檢討報告,披露1972年11月, 行政局批准丁屋政策的備忘錄中,已訂明原居民若 無足夠居住空間(not adequately
housed), 才可獲批建丁屋,但奈何於15日後政府致鄉議局的 信件,卻遺漏了這個先決的審批條件。
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2015-12-25 鄉議局聲明
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• 基本法第四十條: “新界”原居民的合法傳統權益受香港特別 行政區的保護 丁權受基本法四十條保障?
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終審法院首席法官李國能 已界定丁屋屬居民合法傳統權益? 《新界小型屋宇政策研究:歷史、現狀與前 瞻》 第75頁
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星島日報 2000年12月23日 http://std.stheadline.com/archive/fullstory.asp?andor= or&year1=2000&month1=12&day1=23&year2=2000& month2=12&day2=23&category=all&id=20001223a04& keyword1=&keyword2=
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FACV000011Y/2000
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「原居民」身份1972年才被強 調 • 現時新界原居民定義,概括地說是其父系為 「一八九八年在香港之原有鄉村居民」 (《新界原居民權益研討會文件- 新界原居民原有之合法權益及傳統習慣》,1986) • 但小型屋宇政策下,合乎申建小型屋宇資格的是指 「年滿
18 歲,父系源自 1898 年時為香港新界認可 鄉村居民的男子」 • 在1972年之前,鄉議局所用的字詞包括: 「鄉民」、「村民」 …
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其實,何謂「傳統」? • 清朝時的土地制度,包括「一田兩主」, 分田骨主及田皮主,田骨主無權隨便趕走 田皮主 • 轉讓土地,要先轉讓給親人
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照片取自“東北告急,無你點得 ?” 捍衛清朝土地制度,原居民應支持馬屎埔村民維權
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「原居民」無權申請公屋居屋? 十八鄉主席梁福元提到,其中一個原因是原居民不能申 請公屋。根據原居民傳統,凡男嬰出世後往祠堂拜祖先 後,便會被列入族譜及在村內的祖堂地地契上加名,而 祖堂地則委任司理負責打理事務。「一般祖堂地動輒幾 千至過萬呎面 積,如果有男丁想去申請綜援及公屋, 政府就會同你計,你點會無錢呀?你嘅資產裡面有塊地 o架喎,十幾廿人共同擁有成過萬呎地,計市價,你至 少有百幾二百萬 資產……所以,原居民根本無資格申請 公屋。」 (壹週刊
A042-046| 時事|壹號頭條 2012- 04-26)
Editor's Notes
中文判辭:http://legalref.judiciary.gov.hk/lrs/common/ju/ju_frame.jsp?DIS=38845 Obiter 是word said "by the way." 附帶說明。順帶講的東西。Obiter 不是該案件判決的理由。Obiter 不會 binding on courts of lower and later jurisdiction。
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