Analysis of Gender Issues in Hong Kong's Small House Policy-Focusing on the Kwok Case
Abstract
In 1972, Hong Kong New Territories Small House Policy as an important land policy, implemented for to date its gender discrimination issues being highly controversial. This article takes the case of Guo Zhangjian v. Director of Lands, which was tried by the Hong Kong Court of Final Appeal, as the starting point to elaborate on its constitutional judgment. Based on textual, this article finds that the employed various to circumvent substantive review of gender discrimination. First, change traditional time so that traditions can be realized; Secondly, using of legal circumvent the scrutiny of women's rights; Finally, this study cites China's reservations to the Convention on the Elimination of All Forms of Women and, based on this, combines survey data to draw the following conclusions. The Hong Kong legal system reflects a systemic neglect of women's rights when addressing "traditional" issues. To resolve the gender discrimination controversy over the Small House Policy, at the judicial level, it is necessary to unify the standards for "traditional rights and interests" and establish a substantive review mechanism to break the unilateral monopoly interpretive power.
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