How to deal with the homestead after emigrating to Hong Kong?

Homestead can only be circulated within the village collective. According to the Land Management Law of the People's Republic of China, the homestead is not real estate, but the right to use, and the ownership belongs to the village collective. Homestead can neither be bought or sold nor inherited, but it can be circulated within the village collective, and the land management department will examine and approve it according to law and issue a certificate.

The land in the second paragraph of Article 9 of the Land Management Law of the People's Republic of China belongs to farmers' collectives, unless it is owned by the state according to the law. Homestead, private plots and private hills are collectively owned by farmers.

People's Republic of China (PRC) Civil Code

Article 362 The owner of the right to use the homestead enjoys the right to occupy and use the collectively owned land according to law, and has the right to use the land to build houses and ancillary facilities according to law.

Article 363 The acquisition, exercise and transfer of the right to use the homestead shall be carried out in accordance with the Land Administration Law and relevant state regulations.

Measures for the administration of rural homestead

Eighth rural villagers homestead ownership belongs to the collective, individuals only have the right to use. No one may transfer or lease it without approval. If it is necessary to adjust the homestead for the transformation of old villages and old cities due to the implementation of town planning, the users of the original homestead shall obey.

Sixty-second rural villagers who apply for homestead after selling or renting houses shall not be approved. The state allows rural villagers who have settled in cities to voluntarily withdraw from their homesteads with compensation according to law, and encourages rural collective economic organizations and their members to actively use idle homesteads and idle houses.