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The Customary Land Law

Patrick H. Hase

in Custom, Land and Livelihood in Rural South China: The Traditional Land Law of Hong Kong's New Territories, 1744-1948

Published in print:
2013
Published Online:
January 2014
ISBN:
9789888139088
eISBN:
9789888180707
Item type:
chapter
Publisher:
Hong Kong University Press
DOI:
10.5790/hongkong/9789888139088.003.0003
Subject:
History, Asian History

A form of Customary Land Law, which was at odds with the Imperial Land Law, was practiced in the New Territories. It was an oral system enforced by the villagers and was characterized by the tei pei ... More


Custom, Land and Livelihood in Rural South China: The Traditional Land Law of Hong Kong's New Territories, 1744-1948

Patrick H. Hase

Published in print:
2013
Published Online:
January 2014
ISBN:
9789888139088
eISBN:
9789888180707
Item type:
book
Publisher:
Hong Kong University Press
DOI:
10.5790/hongkong/9789888139088.001.0001
Subject:
History, Asian History

Land was always at the centre of life in Hong Kong's rural New Territories: it sustained livelihoods and lineages and, for some, was a route to power. Villagers managed their land according to ... More


An Afterview

Patrick H. Hase

in Custom, Land and Livelihood in Rural South China: The Traditional Land Law of Hong Kong's New Territories, 1744-1948

Published in print:
2013
Published Online:
January 2014
ISBN:
9789888139088
eISBN:
9789888180707
Item type:
chapter
Publisher:
Hong Kong University Press
DOI:
10.5790/hongkong/9789888139088.003.0011
Subject:
History, Asian History

Very little is known about the New Territories before 1899. It was with the foundation of the Great City of Hong Kong in 1841 that the villagers found themselves close to an urban centre. From 1899, ... More


Restraints on Transactions in Land

Patrick H. Hase

in Custom, Land and Livelihood in Rural South China: The Traditional Land Law of Hong Kong's New Territories, 1744-1948

Published in print:
2013
Published Online:
January 2014
ISBN:
9789888139088
eISBN:
9789888180707
Item type:
chapter
Publisher:
Hong Kong University Press
DOI:
10.5790/hongkong/9789888139088.003.0006
Subject:
History, Asian History

According to customary land law, when someone wanted to sell his land, he must offer the right of first refusal to his nearest relatives, then other members of his clan before he could offer it to ... More


The Imperial Land Law

Patrick H. Hase

in Custom, Land and Livelihood in Rural South China: The Traditional Land Law of Hong Kong's New Territories, 1744-1948

Published in print:
2013
Published Online:
January 2014
ISBN:
9789888139088
eISBN:
9789888180707
Item type:
chapter
Publisher:
Hong Kong University Press
DOI:
10.5790/hongkong/9789888139088.003.0002
Subject:
History, Asian History

Under Imperial Land Law in traditional China all land belonged to the Emperor. No person could occupy arable land without an imperial grant. The imperial authorities acknowledged the existence of an ... More


Arable Land: Family Holdings, Trusts and Clan Holdings

Patrick H. Hase

in Custom, Land and Livelihood in Rural South China: The Traditional Land Law of Hong Kong's New Territories, 1744-1948

Published in print:
2013
Published Online:
January 2014
ISBN:
9789888139088
eISBN:
9789888180707
Item type:
chapter
Publisher:
Hong Kong University Press
DOI:
10.5790/hongkong/9789888139088.003.0005
Subject:
History, Asian History

Arable land in the New Territories was in held in trusts either by the landholder or the trustee. Some of them lasted in perpetuity and others were temporary. These trusts restrained the current ... More


Registration for the Land Tax and the Collection of Land Tax

Patrick H. Hase

in Custom, Land and Livelihood in Rural South China: The Traditional Land Law of Hong Kong's New Territories, 1744-1948

Published in print:
2013
Published Online:
January 2014
ISBN:
9789888139088
eISBN:
9789888180707
Item type:
chapter
Publisher:
Hong Kong University Press
DOI:
10.5790/hongkong/9789888139088.003.0004
Subject:
History, Asian History

A person registered as a land tax payer through a series of complicated procedures. The system assumed that when the head of household died, the registration would be cancelled and reissued in the ... More


The Middleman and the Role of the Community in Land Transactions

Patrick H. Hase

in Custom, Land and Livelihood in Rural South China: The Traditional Land Law of Hong Kong's New Territories, 1744-1948

Published in print:
2013
Published Online:
January 2014
ISBN:
9789888139088
eISBN:
9789888180707
Item type:
chapter
Publisher:
Hong Kong University Press
DOI:
10.5790/hongkong/9789888139088.003.0008
Subject:
History, Asian History

The middleman represented the village community and was there to ensure the fairness of a land transaction. He verified that the close relatives had been offered first refusal, negotiated the ... More


The Next Heir

Patrick H. Hase

in Custom, Land and Livelihood in Rural South China: The Traditional Land Law of Hong Kong's New Territories, 1744-1948

Published in print:
2013
Published Online:
January 2014
ISBN:
9789888139088
eISBN:
9789888180707
Item type:
chapter
Publisher:
Hong Kong University Press
DOI:
10.5790/hongkong/9789888139088.003.0007
Subject:
History, Asian History

The next heir had an absolute right to inherit an undiminished ancestral estate, the sons, the brothers and the paternal male cousins were normally seen as heirs, sometimes the wife or the mother ... More


Temporary and Reversible Alienations: Mortgages and Leases

Patrick H. Hase

in Custom, Land and Livelihood in Rural South China: The Traditional Land Law of Hong Kong's New Territories, 1744-1948

Published in print:
2013
Published Online:
January 2014
ISBN:
9789888139088
eISBN:
9789888180707
Item type:
chapter
Publisher:
Hong Kong University Press
DOI:
10.5790/hongkong/9789888139088.003.0009
Subject:
History, Asian History

Deeds for temporary leases and mortgages seldom survived. Most of them were conducted through an oral agreement, and deeds were usually returned to the borrower to be destroyed so that the lender ... More


Land Deeds and the Japanese Occupation, 1941–1945

Patrick H. Hase

in Custom, Land and Livelihood in Rural South China: The Traditional Land Law of Hong Kong's New Territories, 1744-1948

Published in print:
2013
Published Online:
January 2014
ISBN:
9789888139088
eISBN:
9789888180707
Item type:
chapter
Publisher:
Hong Kong University Press
DOI:
10.5790/hongkong/9789888139088.003.0010
Subject:
History, Asian History

Many sales took place during the Japanese occupation of Hong Kong 1941-1945. The surviving land deeds reflected a traditional society breaking down as people sold their trust property. These ... More


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