Yuen Long small house ‘Ding Rights’ case: Nine applicants further charged by ICAC with conspiracy to defraud Lands Department
2024-2-27
Following the prosecution of the operator of a small house developer and a village representative for allegedly conspiring with others to deceive the Lands Department into granting various building licenses for a small house estate development project in Yuen Long, the ICAC further charged nine small house applicants today (February 27) upon receipt of legal advice from the Department of Justice (DoJ).
The ICAC investigation arose from corruption complaints which alleged corruption and fraud in connection with a small house estate development project in Yuen Long. After conducting intensive investigations and seeking legal advice from the DoJ, a total of 11 people have been charged so far.
The nine small house applicants, all indigenous inhabitants of Yuen Long, aged between 42 and 74, are Wong Kwun-sing, Chan Chi-ming, Choi Wai-sang, Chan Wing-kin, Leung Kam-yick, Lung Fok-ye, Yeung Kai-kwong, Jimmy Tang Kiu-chin and Lok Tin-lung. Each of them faces one count of conspiracy to defraud, contrary to the Common Law. They were released on bail, pending their appearance at the Tuen Mun Magistrates’ Courts on Thursday (February 29) for plea in two cases.
Under the New Territories Small House Policy, every male indigenous inhabitant of the New Territories aged 18 or above may exercise his “Ding Right” once and apply to the Lands Department for building a small house within a recognised village of the New Territories for his own occupation. “Ding Right” is not transferrable.
ICAC enquiries revealed that since the 1990s, Ching Chan-ming, indigenous inhabitant representative of Shui Tsiu San Tsuen in Yuen Long, and other middlemen started the development of a small house estate project in Shui Tsiu San Tsuen by purchasing “Ding Rights” from indigenous inhabitants of Yuen Long.
Later in about March 2005, a developer entered into an agreement with Ching and appointed him as its trustee to jointly develop the small house project. Ching and the middlemen then continued to purchase more “Ding Rights” from indigenous inhabitants and arranged for them to apply for building licences to build small houses in Shui Tsiu San Tsuen.
The first case took place between November 1991 and April 2014 when Wong Kwun-sing and Chan Chi-ming, two indigenous inhabitants of Yuen Long, applied for building licences to build small houses with the Lands Department. It is alleged that the duo separately conspired with Ching and other middlemen to defraud the Lands Department, inducing the department to grant the building licences concerned to the duo.
It is alleged that they falsely represented to the Lands Department that Wong Kwun-sing and Chan Chi-ming were the respective sole legal and registered owner of a lot of land located at Shui Tsiu San Tsuen; the duo had never entered into any agreements with others to transfer or otherwise deal with their respective lot of land or relevant interest; and the duo had no intention to sell their “Ding Rights” to other individual or a developer.
The second case took place between November 1999 and August 2017 when seven other indigenous inhabitants of Yuen Long, namely Choi, Chan Wing-kin, Leung, Lung, Yeung, Tang and Lok, applied for building licences to build small houses with the Lands Department. It is alleged that the seven defendants separately conspired with other middlemen to defraud the Lands Department to grant the building licences concerned to them by similarly making the abovementioned false representations.
ICAC investigation revealed that during the above period, a number of small houses were built in Shui Tsiu San Tsuen, including nine built under the building licences granted to the nine defendants. The small houses were subsequently sold to members of the public by a developer under the name of a private estate and each of them was sold at the market price ranging from $9 to $13 million. The developer concerned received over ,000 million for the sale of 115 small houses in the private estate.
The Lands Department has offered full assistance to the ICAC during its investigation.
Edward Wong Kwong-wing, 74, operator of Wing Smart Construction Limited, and Ching Chan-ming, 67, indigenous inhabitant representative of Shui Tsiu San Tsuen, were earlier jointly charged by the ICAC in another case with one count of conspiracy defraud. They pleaded not guilty to the charge in December 2023. The case is set for trial at the District Court on February 10, 2025.
The ICAC investigation arose from corruption complaints which alleged corruption and fraud in connection with a small house estate development project in Yuen Long. After conducting intensive investigations and seeking legal advice from the DoJ, a total of 11 people have been charged so far.
The nine small house applicants, all indigenous inhabitants of Yuen Long, aged between 42 and 74, are Wong Kwun-sing, Chan Chi-ming, Choi Wai-sang, Chan Wing-kin, Leung Kam-yick, Lung Fok-ye, Yeung Kai-kwong, Jimmy Tang Kiu-chin and Lok Tin-lung. Each of them faces one count of conspiracy to defraud, contrary to the Common Law. They were released on bail, pending their appearance at the Tuen Mun Magistrates’ Courts on Thursday (February 29) for plea in two cases.
Under the New Territories Small House Policy, every male indigenous inhabitant of the New Territories aged 18 or above may exercise his “Ding Right” once and apply to the Lands Department for building a small house within a recognised village of the New Territories for his own occupation. “Ding Right” is not transferrable.
ICAC enquiries revealed that since the 1990s, Ching Chan-ming, indigenous inhabitant representative of Shui Tsiu San Tsuen in Yuen Long, and other middlemen started the development of a small house estate project in Shui Tsiu San Tsuen by purchasing “Ding Rights” from indigenous inhabitants of Yuen Long.
Later in about March 2005, a developer entered into an agreement with Ching and appointed him as its trustee to jointly develop the small house project. Ching and the middlemen then continued to purchase more “Ding Rights” from indigenous inhabitants and arranged for them to apply for building licences to build small houses in Shui Tsiu San Tsuen.
The first case took place between November 1991 and April 2014 when Wong Kwun-sing and Chan Chi-ming, two indigenous inhabitants of Yuen Long, applied for building licences to build small houses with the Lands Department. It is alleged that the duo separately conspired with Ching and other middlemen to defraud the Lands Department, inducing the department to grant the building licences concerned to the duo.
It is alleged that they falsely represented to the Lands Department that Wong Kwun-sing and Chan Chi-ming were the respective sole legal and registered owner of a lot of land located at Shui Tsiu San Tsuen; the duo had never entered into any agreements with others to transfer or otherwise deal with their respective lot of land or relevant interest; and the duo had no intention to sell their “Ding Rights” to other individual or a developer.
The second case took place between November 1999 and August 2017 when seven other indigenous inhabitants of Yuen Long, namely Choi, Chan Wing-kin, Leung, Lung, Yeung, Tang and Lok, applied for building licences to build small houses with the Lands Department. It is alleged that the seven defendants separately conspired with other middlemen to defraud the Lands Department to grant the building licences concerned to them by similarly making the abovementioned false representations.
ICAC investigation revealed that during the above period, a number of small houses were built in Shui Tsiu San Tsuen, including nine built under the building licences granted to the nine defendants. The small houses were subsequently sold to members of the public by a developer under the name of a private estate and each of them was sold at the market price ranging from $9 to $13 million. The developer concerned received over ,000 million for the sale of 115 small houses in the private estate.
The Lands Department has offered full assistance to the ICAC during its investigation.
Edward Wong Kwong-wing, 74, operator of Wing Smart Construction Limited, and Ching Chan-ming, 67, indigenous inhabitant representative of Shui Tsiu San Tsuen, were earlier jointly charged by the ICAC in another case with one count of conspiracy defraud. They pleaded not guilty to the charge in December 2023. The case is set for trial at the District Court on February 10, 2025.