The Contrast and Legal Principles Between Hong Kong's "Ding House" and "Ding Rights" Transfer Rules
Abstract
Hong Kong's Ding house policy presents a striking paradox in operation: once a ding house is built, it can be freely transferred, while the transaction of Ding rights itself is criminalized. This article starts with the theory of binding of power, revealing the roots and essence of this phenomenon. This article argues that both Ding rights and Ding houses originate from a conditional policy concession, granting original residents the qualification to build houses for self-occupation. From the perspective of constraints, all five rights of a Ding house are complete and applicable to private law logic; The disposition power of the Ding rights is separated by public law regulation and applies the logic of public law regulation. This division is a government-deliberately designed discretionary regulation, but its consequence is the creation of arbitrage space for regulation, which is the market's spontaneous response to regulation. This paper introduces the concept of normative fracture, redefining Ding rights as property rights subject to public law regulation of disposal rights and provides a new analytical framework for understanding the contradictory nature of Ding rights.
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