The Lands Department today resumed the receipt and processing of applications for approval to build small houses through Land Exchange not involving government land. 

The Development Bureau made the decision following the Court of First Instance judgment in April on a judicial review of the Small House Policy. 

The court ruled that the Free Building Licence arrangement under policy, being a lawful traditional right and interest of the New Territories indigenous inhabitants within the meaning of Article 40 of the Basic Law, is lawful and constitutional, while the Private Treaty Grant and Land Exchange arrangements are not. 

In its supplementary submission, the Government pointed out that certain types of Land Exchange only involve private land of the applicant but not government land, and hence should be identical to the Free Building Licence in nature. 

Having considered the supplementary submissions from the parties concerned, the court confirmed in its orders that as far as Land Exchange is concerned, the unconstitutionality ruling it handed down applied only to Land Exchange involving government land. 

In view of this, the receipt and processing of applications for approval to build small houses through Land Exchange not involving government land is resumed, the Development Bureau said. 

With the consent of the relevant parties, the court also approved the extension of the deadline for appeal on its ruling to May 28, saying the grants made before the judgment takes effect on October 8 would not be affected by the judgment. 

Pending a decision on whether to appeal, the Lands Department will continue to suspend the receipt of applications for grant of government land for building small houses through Private Treaty Grant and grant of government land for building small houses through Land Exchange, as well as the processing of such applications already received, the bureau added.