The New Territories Landscape
1898-1945: A Military Buffer Zone
The New Territories were annexed by lease to British Hong Kong in 1898, for their strategic role as a buffer zone to French occupied Indochina to the north. Having no economic interest in the area, the British were content to preserve the status quo through non-interference, a contemporary equivalent “Hearts and Minds” operation. The New Territories Land Ordinance of 1905 in respect of villagers’ claims to land committed the courts to "recognize and enforce any Chinese custom or customary right affecting such land.” An example of this in practice was the return of the Kam Tin gates from Ireland in 1925. Hence village lifestyles and customs based on rice cultivation persisted to the mid 20th century (note 132). The walls continued to be of defensive value, that at Kat Hing Wai needing repair after the Japanese occupation of 1941-45, during which a number of villages were looted (note 133).
1945-1972: From Squatters to New Towns
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The population of Hong Kong has changed radically in the last 50 years (note 134). Following the Second World War, political instability in China and civil war led to large scale immigration in the 1950’s and ‘60’s, followed by an increased birth rate. Squatter settlements became widespread in the New Territories, with consequent issues of hygiene and fire risk. The well documented Shek Kip Mei fire of 1953 provoked the government to provide permanent re-housing. From a first wave in 1954, and latterly the series of New Towns within the New Territories region, this process continues today (note 135). New infrastructure and transport links, notably the MTR lines, facilitating convenient access to the centre of Hong Kong, have opened up the New Town districts to development. This has a price; the few villagers living in traditional houses we have conversed with about their homes appear to appreciate the lifestyle qualities they embody, but are uncertain about their future and feel un-empowered in the face of progressive redevelopment. Currently in the firing line are the villagers and farming land on the site of Fanling North and Kwu Tung North New Development Areas (note 136).
During this period many village moats were filled in, or “reclaimed” as it’s sometimes expressed, during the late 20th century, their spaces today concrete car parks (note 137). Where the moat has disappeared, its former outline can often be traced as an open culverted stream or drain.

Morphology of the New Territories landscape, Sha Po Tsuen. L to R from top:
(1200-1930), a paddy landscape with walled villages and indistinct river courses in floodplain.
(1930-1970) irrigated market gardening fields and fishponds replace paddy, Castle Peak Road built, village moat filled.
(1950-1990) livestock sheds, industry.
(1970-1990), new towns.
(1970-2020), small homes.
(1990-2000), river course and flood measures infrastructure.
(2000-2010), highways and MTR infrastructure.
(2010-2020), private residential development.
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Notes:
132. Notes on early 20th century derived from Lung (2005), Wesley-Smith (1973)and (1994). “Hearts and Minds”: a public relations campaign used in support of military action, recently in the Iraq war 2003-, and precedents. The Kam Tin gates, acquired by Governor Sir Henry Blake in 1899 for his property “Myrtle Grove” in Ireland and returned in May 1925, remain at Kat Hing Wai today.
133. Notes on Japanese Occupation derived from AAB List (2018)
134. Wesley-Smith (1994) notes the population of the New Territories as 84,000 in 1899, and 456,000 in 1961. The HK Census and Statistics Department (2018) gives the current figure as 3.85 million.
135. Ip (1995) lists the New Towns as Tsuen Wan, Tuen Mun, Sha Tin /Ma On Shan, Yuen Long, Fanling/ Sheung Shui, Tai Po, Junk Bay and Tin Shui Wai, citing the “Ten Years Housing Programme” of 1972 as the key government strategy development.
136. Ref SCMP/Zhao (2019).
137. Wing Lung Wai and Tai Hong Wai in the 1960’s, Kat Hing Wai in the late 1980’s, Muk Kiu Tau Tsuen in 1996. Dates from AAB List (2018). The moat at Nga Tsin Wai was filled during the Japanese Occupation 1941-45 using spoil from the newly built Kai Tak River nullah (Hase, 1999).
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The Small House Policy of 1972 and its Effects
1972
From the mid 19th century onward, wealthier villagers seeking more spacious accommodation built houses outside the walls, retaining their houses within as both storage, pigsties, cattle sheds and emergency backup (note 138). Meanwhile the family lineage population of villages decreased from the 1950’s as family members emigrated to earn better standards of living. Refugees from mainland China, and their new landlords, increasingly built illegal structures. A survey in 1972 found poor sanitation, pollution, animal-keeping, and unregulated industries. The government responded with the Small House Policy of 1972, allowing male descendents over 18 the once-in-a-lifetime right to develop houses of limited area and height. This concession was made available to all developments within 300ft (90m) of the village boundary, or within a “V” zone as defined on the local Development Zoning Plan, and within the applicants own Heung. The associated right to transfer ownership was a loophole which has led to exploitation for profit (note 139).
1980’s and 1990’s
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A lucrative market emerged in the 1980s, where villagers and developers jointly could build houses at $200,000 and sell them for five times that cost. Eventually demand for building permits led to lengthy waiting lists, to which the government in 1993 offered shortcuts if ex-industrial brownfield land was reclaimed. In 1994 the government passed an “Exemption Ordinance” enabling women to inherit land, but this was seen as an attempt to undermine villagers’ basic rights, and the patrilineal principle remains (note 140).
2000’s and 2010's
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The Small House Policy continued under the SAR, and by 2018 more than 42,000 villas had been built occupying 224 hectares of land in the New Territories (note 141). The lease of houses today is via an open property market (note 142). In response to reports of fraud involving sales of land rights to developers, and the ongoing escalation of land and house prices around the city, there are continuous calls for the Small House Policy to be abandoned (note 143).
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Crown Land
Not all the land acquired by the government for urban expansion, including new towns at Fanling and Sheung Shui, for industry, commerce and infrastructure, has been built out, and remains as vacant land. This Crown land has often been repurchased by selected individuals for the purpose of village expansion in the form of male’s house or ding wu under the Small House Policy (note 144). Villagers find themselves in an ambiguous legal position; 900 hectares of Crown land remains earmarked for villagers but undeveloped and more than 10,000 SHP applications are awaiting approval (note 145).


Small Houses. Intra-muros replacement village ancestors houses, or zu wu, traceable by family descent, at Sik Kong Wai. Extra-muros new development of Small Homes, or ding wu (literally male's house) at Kei Ling Ha Lo Wai.
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Fanling Wai, the gatehouse, left, and a scatter of traditional buildings, remain amongst a village consisting mainly of Small Houses.
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Exempted Houses
The houses are known as Small, or often Exempted, Houses, the exemption being from Buildings Department regulation applications, subject to height being no more than 27ft (8.23m), 3 storeys, roofed area no more than 700sqft (65.03m2), and various technical provisions. Balconies and specified roof structures are permitted, referred to as “green and amenity” facilities. Exemption of drainage works is derogated to the District Lands Office (note 146).
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The Exempted House, a diagram of a New Territories Exempted House dimensions, with deemed to satisfy structural details, source: Hong Kong Lands Department.
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Small House, typical plans. Each floor is a separate apartment. Domestic aircon units on sale at the local mall; air conditioning is the default solution to environmental control in Hong Kong.
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A Small House under construction in Shan Ha Tsuen, each floor level is a separate apartment.