KWOK CHEUK KIN V. DIRECTOR OF LANDS AND OTHERS V. HEUNG YEE KUK (INTERESTED PARTY) (and 2 others)

Kwok Cheuk Kin challenged the Small House Policy as unconstitutional, alleging discrimination against non-indigenous inhabitants in the allocation of land in the New Territories. The Court of Final Appeal considered whether the policy was protected by Article 40 of the Basic Law as a 'lawful traditional right' of indigenous inhabitants. The appeal was dismissed, with the Court upholding the constitutionality of the policy.