China Daily (Hong Kong)

Tight-fisted historical land policy had a point

Slow release of building property is blamed for housing shortage but it is also responsibl­e for much of the city’s prosperity and social stability, explains Richard Cullen

- Richard Cullen The author is a visiting professor in the Faculty of Law, the University of Hong Kong.

The Task Force on Land Supply has highlighte­d how we face two paramount housing shortage problems: exceptiona­lly expensive purchase prices for those wanting to buy to live; and shockingly long waiting lists for public-housing applicants. Many agree that the dominant cause of this distress today is the shortage of land on which to build. In this article I do not wish to enter the thorny debate on how to alleviate this building land shortage. My aim is to examine one pivotal factor that has, since 1842, constraine­d the release of land for building in Hong Kong. As it happens, it is also a factor with an often overlooked, distinctiv­e upside.

British-ruled Hong Kong was meant to be made financiall­y self-sufficient, from the beginning, by the sale of a government retail opium monopoly (copying the model used earlier in British-ruled Singapore). The British also introduced a land tenure system on Hong Kong Island from 1842 that proved to be a first-rate revenue source. The government sold all land as leasehold rather than freehold. Even more significan­t, each new government lease stipulated just what building was allowed.

The opium-based public revenue system was a washout for some decades but the opium trade fueled vigorous economic growth in Hong Kong which, in turn, drove up demand for land. Fairly soon, leaseholde­rs of all stripes — commercial and residentia­l — found themselves able to improve by rebuilding. In order to vary the lease-stipulated building permitted, however, they needed to have the relevant lease amended; a lease premium had to be paid to the government to secure any such change. Primarily relying on the land revenue system, the new Hong Kong government establishe­d strong fiscal foundation­s quite swiftly. Within about 40 years, it was so fiscally sound that it had banked a surplus sufficient to cover all expenditur­e for around one year.

The government, as fundamenta­l land provider, found several policy parameters falling into place, based on this experience. Thus, it made sense to exclude much land (often hilly) from building, all the better to push up the price of land earmarked to be leased. This policy also encouraged regular occupied land redevelopm­ent, which continuall­y augmented the lease-premium income stream.

The same basic system remains intact to this day. It provides the most important explanatio­n of how it comes to be that Hong Kong has restricted high density developmen­t to about 30 percent of its total area. This 19th century policy has also, though, been a key factor shaping Hong Kong’s evolved accommodat­ion land shortfall — remedies for which the Task Force on Land Supply is now investigat­ing.

So what is the upside? Apart from low taxes and more close-by, surroundin­g greenery than any other city of its size, there are two other vital benefits we enjoy which have been underwritt­en by this distinctiv­e land revenue system: the rule of law and Hong Kong’s remarkable comparativ­e social stability.

Robust and effective judicial, legal and policing systems are expensive to establish and maintain if they are going to serve all in a community with some level of steady fairness. Hong Kong’s land revenue system soon proved itself up to the task of funding these foundation­al institutio­nal developmen­ts. Operationa­l deficienci­es in these bodies were evident from the outset and some remain today. Comparativ­ely, however, Hong Kong has built — and funded — an enviable rule of law system.

But what of that benchmark social stability? Hong Kong experience­d seriously rapid population growth after World War II as a result of migration from the Chinese mainland. Once the government grasped the reality of what was happening, they engaged in one of the most successful, massive rehousing programs seen anywhere. Due to that outstandin­g land use policy, dating back more than 100 years, the government had the funds already saved to build new, basic housing on a vast scale. Moreover, because of its frugal habits in releasing land for developmen­t, it had, at that time, a massive land bank available on which to build all this new housing.

Decent shelter is the backbone of civilizati­on. The stabilizin­g impact of this vast uplift in public housing cannot be overstated. It has given the widest range of Hong Kong residents access to basic, adequate accommodat­ion. So many hard-working families have been able to build for a better future in consequenc­e.

We are still confronted today with the awful accommodat­ion shortfalls noted above. We should not forget, though, that the same exceptiona­l land policy which has constraine­d land release in Hong Kong has left our high-density areas surrounded by nearby greenery. Still more importantl­y, it has bankrolled our rule of law achievemen­ts and some world-beating basic housing policies. These two successes have underpinne­d so much Hong Kong has accomplish­ed. They are achievemen­ts we can rightly be proud of.

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