Abstract
The ‘right to housing’ incorporates at least five different dimensions which are all indispensible for the minimum satisfaction of such right, namely, housing that is adequate and affordable, enjoyed without arbitrary interference or forced eviction, and the right of choice to opt for rent or home-ownership as well as neighbourhood. ‘Equal right to housing’ essentially means equal opportunity or non-discrimination in the fulfillment of all dimensions of ‘right to housing’. In Hong Kong, for those with economic means, the extent of their ‘right to housing’ are largely satisfied; however, this may not be the case for those from the lower socioeconomic strata, especially members of disadvantaged groups from the latter, who are doubly deprived. This paper will examine the views on ‘equal right to housing’ in Hong Kong housing policy from four disadvantaged groups, namely, single-parent families, ethnic minorities, homosexuals and Mainland New Arrivals, by drawing on information from in-depth interviews with members of these groups, representatives of organizations serving these disadvantaged groups, property sector practitioners, Equal Opportunity Commission representative and members of the general public. On the whole, the members of the disadvantaged groups, especially those from the lower socioeconomic strata may not enjoy equal opportunity to different dimensions of the ‘right to housing’ in Hong Kong, mainly due to discriminatory selection of tenants on the part of private landlords as well as the limited economic means of some of them. These may be, to some extent, magnified by some biased practices in public housing policy. This paper will end by examining some of policy implications of ‘equal right to housing’.
Similar content being viewed by others
Notes
For more detailed discussion on the ‘right to housing’, please refer to Yung and Lee (2012) which focuses on such discussion. The focus of this paper is the discussion of the ‘right to housing’ in relation to ‘equality’, i.e., ‘equal right to housing.’
Originally, it was planned that an interview would be conducted with a government official for this research project. However, the government replied that she would give a written response to the interview questions, instead of having an interview.
Such residence requirement rests on the rationale that only those who have resided in Hong Kong for not less than 7 years (except those who are born in Hong Kong) are qualified to be ‘permanent residents’ of Hong Kong according to the Basic Law (the mini-constitution of Hong Kong), thus enjoy the full social citizenship, with eligibility to receive CSSA (social security safety net in Hong Kong) and be allocated public rental housing, if met the means-test requirement.
It should be noted that not all ethnic minority groups are low income groups, for example, the whites have a median income of $45,000 in 2006, much higher than that of the entire working population of $10,000 (Census and Statistics Department 2006a, b). Thus, the whites in Hong Kong generally can satisfy their own housing needs and have their ‘right to housing’ assured.
However, homosexuals can apply for PRH not as a couple, for example, as individuals, as unmarried siblings of applicant etc.
This information was provided in the written reply from the Housing Department to interview questions on December 8, 2010.
In this survey, the family types (as portrayed in the vignettes) by degree of acceptance by students in descending order of acceptance were age-discrepant parents, a family with the mother in the Mainland, a female-headed single parent family, a male-headed single-parent family and the reconstituted family (Ibid.) Thus, single-parent family is commonly viewed as problematic in Hong Kong.
Most single-parent families are female headed as females tend to get the custody rights of children in a divorce.
As for ethnic minorities, those whites usually live in self-contained flats, nuisance tend to be minimal. Even for South Asian ethnic minorities living in self-contained flats, they tend to face minimal nuisance.
Arbitrary forced eviction are less common among the whites as ethnic minorities since they tend to be high-income groups and more highly educated [about 76.5 % attained post-secondary level in 2006 (Census and Statistics Department 2006a, b)]. Thus, they are more likely to be conscious of their rights and seek ways to protect them in case of facing an unjustified eviction.
As for ethnic minorities who belong to the high-income group, such as the whites, their choice of district according to their needs and preference is open and they are not especially discriminated against in any particular district. The same applies for better-off homosexuals.
They are the minority, thus will lose to the majority (who generally discriminate against them) if put to a vote. Furthermore, they are poorly represented in the small-circle election of the Chief Executive and the election of the Legislative Council of Hong Kong.
References
Aristotle. (1998). The Nicomachean ethics, Book V (D. Ross, Trans.). Oxford: Oxford University Press.
Bengtsson, B. (1995). Politics and housing markets—Four normative arguments. Scandinavian Housing & Planning Research, 12, 123–140.
Bengtsson, B. (2001). Housing as a social right: Implications for welfare state theory. Scandinavian Political Studies, 24(4), 255–275.
Blandy, A., & Goodchild, B. (1999). “From tenure to rights: Conceptualizing the changing focus of housing law in England” housing. Theory and Society, 16, 31–42.
Census and Statistics Department. (2006a). 2006 Population by-census—Thematic report: Ethnic minorities. Available online at http://www.bycensus2006.gov.hk/FileManager/EN/Content_962/06bc_em.pdf. Retrieved July 12, 2011.
Census and Statistics Department. (2006b). Thematic household survey report no. 28. Available online at http://www.statistics.gov.hk/publication/stat_report/social_data/B11302282006XXXXB0100.pdf. Retrieved July 11, 2011.
Census and Statistics Department. (2012). 2011 population census: Main report. Available online at http://www.census2011.gov.hk/pdf/main-report-volume-I.pdf. Retrieved Jan 7, 2013.
Denton, N. A. (2006). Segregation and discrimination in housing. In R. G. Bratt, M. E. Stone, & C. Hartman (Eds.), A right to housing. Philadelphia: Temple University Press.
Equal Opportunities Commission. (2009). Thematic household survey on racial acceptance: Report. Available online at http://www.eoc.org.hk/EOC/Upload/UserFiles/File/Racial%20Acceptance_ExSummary_e.pdf. Retrieved January 7, 2013.
Equal Opportunities Commission. (2011). Website—Equal opportunities for all. Available online at http://www.eoc.org.hk/eoc/GraphicsFolder/default.aspx. Retrieved July 4, 2011.
Equal Opportunities Commission. (2012). Study on racial encounters and discrimination experienced by South Asians. Available online at http://www.eoc.org.hk/EOC/Upload/UserFiles/File/ResearchReport/201203/Race_eFull%20Report.pdf. Retrieved January 7, 2013.
Gaus, G. R. (2000). Political concepts and political theories. Boulder: Westview Press, Chapter 6.
Hart, H. L. A. (1973). Bentham on legal rights. In A. W. B. Simpson (Ed.), Oxford essays in jurisprudence II. London: Oxford University Press.
Hartman, C. (2002). Between eminence & notoriety: Four decades of radical urban planning. New Jersey: Center for Urban Policy Research, The University of New Jersey.
Home Affairs Bureau. (2001). LegCo Panel on Home Afairs Subcommittee to Sudy discrimination on the ground of sexual orientation. Available online at http://www.legco.gov.hk/yr00-01/english/panels/ha/ha_gso/papers/981e01.pdf. Retrieved January 7, 2013.
Home Affairs Bureau. (2005). Consultation on proposed legislation against racial discrimination. Available online at http://www.hkhrm.org.hk/racial%20discrimination/database/eng/ha0708cb2-2176-2e.pdf. Retrived January 7, 2013.
Home Affairs Bureau. (2006). Survey on public attitudes toward homosexuals: Report. Available online at http://www.legco.gov.hk/yr05-06/english/panels/ha/papers/ha0310cb2-public-homosexuals-e.pdf. Retrieved February 21, 2013.
Hong Kong Government. (2011). LCQ4: allocation of public rental housing flats. Press Releases January 26. Available online at http://www.info.gov.hk/gia/general/201101/26/P201101260200.htm. Retrieved January 11, 2011.
Hong Kong Housing Authority. (2011). Waiting list for public rental housing—Information for applicants. Available online at http://www.housingauthority.gov.hk/hdw/content/document/en/others/HD273.pdf. Retrieved July 11, 2011.
Hong Kong Human Rights Monitor. (2004a) Sexual orientation and human rights in Hong Kong. Available online at http://www.cmab.gov.hk/en/images/issues/20_5_05/SMF%20Paper%206-2005.pdf. Retrieved January 7, 2013.
Hong Kong Human Rights Monitor. (2004b). Response to the government’s consultation document on race discrimination legislation. Available online at http://www.legco.gov.hk/yr04-05/english/panels/ha/papers/ha1211cb2-391-2e.pdf. Retrieved January 7, 2013.
Kenna, P. (2005). Housing rights—The new benchmarks for housing policy in Europe? Urban Law, 37, 87–111.
King, P. (2000). Can we use rights to justify housing provision? Housing, Theory and Society, 17, 27–34.
La Grange, A., & Pretorius, F. (2002). Private rental housing in Hong Kong. Housing Studies, 17(5), 721–740.
Leckie, S. (1992). From housing needs to housing rights: An analysis of the right to adequate housing under international human rights law. London: The International Institute for Environment and Development.
Leckie, S. (1995). The Justiciability of Housing Rights. In F. Coomans & F. van Hoof (Eds.). The right to complain about economic, social and cultural rights. Proceedings of the expert meeting on the adoption of an optional protocol to the international convenant on economic, social and cultural rights, Utrecht (pp. 35–76).
Lucas, J. R. (1997). Against equality. In L. P. Pojman & R. Westmoreland (Eds.), Equality: Selected readings. Oxford: Oxford University Press.
Michelman, F. I. (1970). The advent of a right to housing: A current appraisal. Harvard Civil Rights-Civil Liberties Law Review, 208, 207–266.
Oxford Dictionaries. Available online at http://oxforddictionaries.com/. Retrieved February 14, 2012.
Rating and Valuation Department. (2011). Tenancy matters. Available online at http://www.rvd.gov.hk/en/faqs/tenancy_a.htm. Retrieved April 7, 2011.
Rawls, J. (1971). A theory of justice. Oxford: Oxford University Press.
Singer, P. (1993). Practical ethics. Cambridge: Cambridge University Press, Chapter 2.
Suen, M. M. Y. (2002). A statement on housing policy by Hon. Michael MY Suen, GBS, JP, Secretary for housing, planning and lands. Available online at http://www.legco.gov.hk/yr02-03/english/panels/hg/papers/hgplw1115cb1-301-1-e.pdf. Retrieved April 8, 2011.
United Nations. (1948). United Nations Universal declaration of human rights. In M. R. Ishay (Ed.), The human rights reader. London: Routledge.
United Nations. (1966). United Nations international covenant on economic, social and cultural rights. In M. R. Ishay (Ed.), The human rights reader. London: Routledge.
United Nations. (1993). The human right to adequate housing. Geneva: Centre for Human Rights.
Waldron, J. (1993). Rights. In R. E. Goodin & P. Petit (Eds.), A companion to contemporary political philosophy. Oxford: Blackwell.
Walzer, M. (1983). Spheres of justice. USA: Basic Books.
Williams, B. (1973). Problems of the self. London: Cambridge University Press, Chapter 14.
Yung, B. (2008). Hong Kong’s housing policy: A case in social justice. Hong Kong: Hong Kong University Press.
Yung, B., & Lee, F.-P. (2012). ‘Right to housing’ in Hong Kong: Perspectives from the Hong Kong community. Housing, Theory and Society, 29(4), 401–419.
Acknowledgments
We would also like to thank Dr. Sima Sengupta for critical reading and editing of this paper.
Author information
Authors and Affiliations
Corresponding author
Additional information
This paper and another paper [Yung, B. and Lee, F-P (2012) “‘Right to Housing’ in Hong Kong: Perspectives from the Hong Kong Community” Housing, Theory and Society, 29(4), 401–419] rest on the same research project. There may be some overlap of content, though the focus of the 2 papers differs significantly.
Rights and permissions
About this article
Cite this article
Yung, B., Lee, Fp. ‘Equal right to housing’ in Hong Kong housing policy: perspectives from disadvantaged groups. J Hous and the Built Environ 29, 563–582 (2014). https://doi.org/10.1007/s10901-013-9365-2
Received:
Accepted:
Published:
Issue Date:
DOI: https://doi.org/10.1007/s10901-013-9365-2