Inheritance rights

Miss Cheng: Fearless fight

Miss Cheng, the chairman of the Anti-Discrimination Female Indigenous Resident Committee, has bitter memories:"After my father died, my brother compelled me to leave the inherited house by all despicable means pouring faeces and urine on my bed and deliberately destroying my possessions.
"As the New Territories traditions restricted only the male heirs to inherit the assets, I was forced out desperately," said Miss Cheng.
Miss Cheng's experiences underscore a heated debate in the New Territories today regarding a proposal to give equal inheritance rights to women.

The old rule, which is still in effect, is that only males can inherit family property.

Although this rule goes into effect only in the absence of a will, there is a catch: Wills are not popular among traditional villagers, because writing a will is a bad omen.
The proposed change is an amendment to the New Territories Land (Exemption) Ordinance, put forward by Legislative Councillor Christine Loh Kung Wai.
If the amendment is passed, female heirs will have the same inheritance rights as male descendants in the absence of a will. One village leader said the change in inheritance rights will affect some 700,000 people.

In view of the scope of the potential effects, Miss Loh's proposal triggered a violent protest by indigenous residents who regard this proposed change as a threat to traditional rights.

The rationale for these rights was spelled out by Mr. Tang Wang Kam, village head of He Lek Pui, Wang Tei Shan.
"Passing land only to male descendants is a centuries-old tradition," said Mr. Tang.
"This practice is crucial to restrict non-clansmen from gaining an entree into the village and thus it maintains the clan's cohesion.
"However, overturning this tradition will surely undermine the foundation of the clan structure."

Denying that there is any sexual discrimination in the village, Mr. Tang said, "The concept of sexual equality in rural villages is different from that in the West."
Though women are deprived of the right to inherit land, they are compensated in other ways that men are not.
"They receive trousseaus when they get married. Moreover, a widow can live in the inherited house, and the village will support her for her whole life," he said.
"We believe that distribution of inherited properties should stay in the hands of the owners.
"It is unacceptable that the government should attempt to interfere in our own affairs."

On the other hand, not all villagers agree with the traditional approach to inheritance, and many of them welcome Miss Loh's proposal.

"Grievances of female residents over inherited assets are prevailing," said Mrs. Alice Leung of Tai Kei Leng, Yuen Long.
However, they are seldom outspoken about their discontent.

"It seems to be shameful for a female to engage in a battle for inherited properties in the village, said Mrs.Leung."
Besides, such battles over property are fruitless, the end results being only unfavorable criticism and finger-pointing from other villagers.
"Yet, as I love both my son and daughter, I shall distribute my properties equally among them," Mrs.Leung said.

Another resident of Tai Kei Leng, Mr. Leung Shu Pui, interpreted the issue over inheritance rights as a matter of confict of interest.
"The strongest protest is mainly from the great clans--those with a longer history and that possess more land and assets.
"Conflict of interest among them is more conspicuous than it is in the small clans, like us.

"Our ancestors have nearly sold all the land in the previous decades.
"The conflict is not so intense (among us) and we are impartial to all our offspring," said Mr. Leung.

One of the loudest protests came from the Heung Yee Kuk, a rural governing body composed of village leaders.
It accused Miss Loh of having only a shallow knowledge of the customs of the New Territories and of not having consulted the indigenous residents beforehand.

Refuting this, Miss Loh said:"The Legislative Council formed a special committee in October 1993, comprised of members from the Hueng Yee Kuk to study the proposal.
"Meetings have been held with the representatives from the Hueng Yee Kuk and indigenous residents from time to time.
"Also, we frequently receive mailings and phone calls from residents.

"In fact, Heung Yee Kuk has gone through the whole process (of consultation). Therefore, it is pointless to say that I have not consulted them."
Miss Loh pointed out that the violent protest was mainly due to a misunderstanding of her amendment.

"Putting forward this amendment is destined to wipe out the element of sexual inequality contained in the New Territories Land ( Exemption ) Ordinance.
"Changes should be introduced because the inheritance law in the New Territories violates the Bill of Human Rights of 1991,'' she said.

There has been a worry that the government would snatch away their privileges and customs, like the village common ground--also called jiao or tang land and the ding house, or a house built on inherited land.

"In fact, my focus is on sexual equality only. The amendment would not be a detriment to their traditions.
"Even after the amendment has been passed, residents can continue their practice to leave their properties to male heirs, only providing that there is a written will," she said.

Moreover, some people fear that more outsiders will enter the village and that will lead to the destruction of clan cohesion.

Miss Loh disagrees:"This accusation is totally without foundation. It is an iron-clad fact that much land has been leased out for container storage and even sold to outsiders.
"I have checked the records for Ka Tin and Wing Ling Tsuen, and more than 50 percent of the land has been sold," she said.

Even in the face of verbal threats from annoyed residents, Miss Loh will not shelve her proposal.

Said Miss Loh confidently, "My stance on sexual equality is strong enough. I cannot find any convincing reason for me to halt this bill."
Conflict in this case reflects cultural differences between the cities and the villages.

"Maintaining harmony is an imperative concept of those villagers. They manage to secure their own autonomy and self-governance," said Mr. Chan Chi Fai, a postgraduate student in the History Department of The Chinese University.
"They are more conservative and resistant to dramatic changes, especially the external pressure from outside.

"Though they consent to sexual equality, they will prefer a gradual transformation initiated by themselves.
"However, the Hueng Yee Kuk will lose face if they bow to the external pressures."

Miss Loh agreed,adding, "The problem has reached a deadlock. Because the Hueng Yee Kuk sought help from the Chinese government, this issue has been politicized.
"The focus of discussion has been shifted from sexual equality to political disputes between the British and Chinese government."

However, the female indigenous residents refuse to back down, notwithstanding the many obstacles on the road ahead.
Said Miss Cheng of the Anti-Discrimination Female Indigenous Resident Committee: "The world keeps on changing, so the New Territories have to keep abreast of the progress.
"We will continue to strive for sexual equality, not solely for my own benefit, but for the younger generations."

The great traditions

Ancestral worship and filial obedience were not only important values, but they were regarded as guiding principles in daily life. There was even a proverb: "When you drink the water, remember the spring."
The clans were divided into wais, and each wai had its own tsi hong, or ancestral hall. The tsi hong was a venue for ancestral worship. Ancestral tablets were on display, and family members maintained the tablets during special festivals.

Festivals played an important part in the lives of clansmen. Even in modern times, the residents still celebrate many festivals. Some of these are highlighted by special rituals.
For the Ching Ming Festival, for example, the residents have a feast known as pan cai. Pork, bean curd, salted vegetables are cooked inside a puhn, or great cauldron.

Yet, only male clansmen aged 50 and older could enjoy the pan cai. The age restriction has been a sign of respect for the elderly.

Another feature of the rural village was the emphasis placed on the position of men. Until recently, women were subordinate to men in many ways.
One example of this subordination was land inheritance rights. Only the male descendants of the principal clans were given the privilege to build a ding house, a house of their own on inherited land. Women had no such privilege.

The government restricted the size of ding houses to 700 square feet, and they could not exceed three storeys in height.

Nowadays, however, the News Territories is undergoing revolutionary change. Most of the agricultural lands have been bought up for urban development.
Some of the land has been leased for container storage, while other areas have been turned into multi- storey buildings.
So, the great traditions of the five big clans have gradually faded away. Sexual equality is a case in point. Females only have more say these days: They also enjoy the pan cai with the men.