SQUATTERS ORDINANCE, 1890

SQUATTERS ORDINANCE, 1890

No. 5 of 1890.

An Ordinance to make provision with respect to squatting
on Crown lands.

WHEREAS at the date of the establishment of this Colony certain per-
sons were in the occupation of land therin, and they and their
descendants and representatives have continued to hold the same
without any grant of any lease or interest from the Crown; AND
WHEREAS certain other person have, since the establishment of
the Colony, taken possession of land therein, and they and their
descendants and representative have occupied the same without
any grant of any lease or interest from the Crown; AND WHEREAS
certain other person have been and are in occupation of land with-
in the Colony under licence from the Crown (known as Squatters
Licences) but without any other grant of any lease or interest from
the Crown; AND WHEREAS it is desirable that the irregular occupa-
tion of Crown land should be discontinued, but that such of the
above-mentioned occupiers (hereinafter referred to as squatters)
as may be deemed to have an equitable claim thereto shall receive
leases from the Crown of their several holdings, on the terms and
subject to the conditions hereinafter mentioned:-

As amended by Law Rev. Ord., 1923.

1. This Oridinance may be cited as the Squatter Ordinance, 1890.

2. Claims by squatters to leases from the Crown shall,
subject to the provisions of this Ordinance, be heard and
determined by a Board, (hereinafter referred to as the Board)
which shall consist of one of the judges, the Director of
Public Works and the Secretary for Chinese Affairs and one
other person to be from time to time appointed by the
Governor.

3.-(1) The judge shall be the chairman of the Board, and
three members thereof shall form a quorum.

(2) In the case of an equal division of opinion the chairman
shall have a casting vote.

(3) There shall be a secretary to the Board, to be appointed
by the Governor, whose duty it shall be to keep a record of
all proceedings and decisions of the Board, to receive all
claims and communications to the Board, and to issue all
orders and directions of the Board.

4. The Board shall have the following powers:-

(1) to determine within what time claims to leases in any
specified village or district shall be presented to the Board,
and in what form and manner such claims are to be presented;

(2) to cause to be notified in any village or district in
which land is occupied by squatters, and in such manner as
the Board may direct, notice of the time within which
claims to such land must be made, and the form and manner
of making such claims; and

(3) to fix the dates and times and places for the hearing of
such claims to leases, and to cause notice of such dates and
times and places to be notified to claimants in such manner
as the Board may direct.

5. If in any case it appears to the Director of Public Works
before the hearing, that a lease can be granted to any
claimant without further investigation, he shall report the
same to the board accordingly, and in such case it shall not
be necessary for the claimant or his witnesses to appear
before the Board, unless the Boad so orders.

6.-(1) For the purpose of the hearing of any claim to a
lease, the Board shall have powers similar to those vested in
the Supreme Court on the occasion of any action in respect
of the following matters; namely,

As amended by law Rev. Ord., 1923.
(a) enforcing the attendance of witnesses and examining
them upon oath or otherwise;

(b) compelling the production of documents;

(c) punishing persons guilty of contempt of the Board or
of any order of the Board;

(d) ordering inspection of property; and

(e) making and enforcing any order which may be neces-
sary to the proper hearing and determination of any question
before the Board.

(2) The Board may exercise all or any of such powers for
the purposes of any claim before the Board to the same
extent as the Supreme Court might exercise them or any of
them for the purposes of any action.

7. Any member of the Board shall, for the purposes of any
inquiry made by the Board, have power to enter and view
any premises or property, and the Board shall have power to
authorise any person nominated by the Board to enter and
view any premises or property for the like purpose.

8. If in any claim to a lease it appears to the Board that any
witness has committed wilful and corrupt perjury, the
Board may, for the purpose of punishing such perjury,
exercise powers similar to and to the same extent as those
conferred on the Supreme Court by section 31 of the Supreme
Court Ordinance, 1873, for the punishment of perjury in any
cause, action, or suit.

9. Any summons, order, warrant, or direction of the Board
shall be deemed to be duly made with the authority of the
Board if it is signed by the chairman of the Board and issued
by the secretary, and any such summons, order, or warrant
so signed and issued in connexion with and for the purposes
of any claim to a lease shall be equivalent to any form of
summons, order, or warrant issued in any action in the
Supreme Court for enforcing the attendance of witnesses,
or compelling the production of documents, or otherwise for
the purposes of any action.

10. The Board may allow or disallow any claim to a lease
or allow the same as to part of the claim or subject to such
conditions as it may think fit.

11. The Director of Public Works shall, before the hearing
of teh claims relating to land in any village or district, fix
the several rents to be charged in any leases which may be

granted, and the amount of the rent so fixed shall be
communicated in the notice for claims referred to in section
4(2); but the Governor may, on the recommendation of the
Board or of his own motion, grant the lease in any particular
case with a rent lower than that previously fixed by the
Director of Public Works.

12.-(1) In any case where the Board allows the claim a
lease shall be granted unless the Governor in his discretion
declines to grant a lease, in which case the claim shall be
referred to the Director of Public Works who may negotiate
with the claimant in respect of the grant of a lease of other
lands in lieu of the holding in relation to which the claim is
made.

(2) in the event of a failure to effect such negotiation the
Board shall decide what compensation shall be paid to the
claimant in respect of such holding and of any building or
fixture, the removal of which is in the opinion of the Director
of Public Works necessary or desirable in the public interest,
and in such case the amount awarded by the Board shall be
paid by the Government to such person as the Board may
direct.

Provided always that is estimating any claim for com-
pensation the Board shall take into consideration the condition
of a building as regards the security of tis structure and its
sanitary condition.

13. After the commencement of this Ordinance, occupation
by any person as a squatter, or without licence, or without
any grant of any estate or interest from the Crown, of land a
lease for which has been disallowed by the Board, or in
respect of which compensation as above mentioned has been
paid, or for which no lease has been claimed under this
Ordinance shall be deemed to be a trespass; and the person
so occupying without having a grant as aforesaid may be
dealt with as a trepasser accordingly.

14. No appeal shall lie from any decision of the Board,
nor shall its proceedings be liable to revision by or removal
to the Supreme Court by writ of certiorari or other legal
process.

15. Leases to be granted to squatters under this Ordinance
shall be in such form as may be submitted by the Board and
approved by the Governor in Council. False representation as to Royal Warrant, etc. 50 & 51 Vict. C.28,s.20. [Originall7 No. 27 of 1890. Law Rev. Ord. 1924.] Short title. Board for determinatiion of claims by squatters to lease. Chairman and quorum of Board. Powers of Board. Report in favour of claim by Director of Public Works before hearing. Further powers of Board for hearing of claims. Powers of entry and view. Power of Board with respect to witness committing perjury. Ordinance No.3 of 1873. Issue of process. Power to allow or disallow claim. Fixing rent before hearing of claim. Granting of lease where claim allowed unless Governor declines. Squatter without lease etc, to be deemed trespasser. No appeal from decision of Board. Form of lease.

False representation as to Royal Warrant, etc. 50 & 51 Vict. C.28,s.20. [Originall7 No. 27 of 1890. Law Rev. Ord. 1924.] Short title. Board for determinatiion of claims by squatters to lease. Chairman and quorum of Board. Powers of Board. Report in favour of claim by Director of Public Works before hearing. Further powers of Board for hearing of claims. Powers of entry and view. Power of Board with respect to witness committing perjury. Ordinance No.3 of 1873. Issue of process. Power to allow or disallow claim. Fixing rent before hearing of claim. Granting of lease where claim allowed unless Governor declines. Squatter without lease etc, to be deemed trespasser. No appeal from decision of Board. Form of lease.

https://oelawhk.lib.hku.hk/items/show/1141

1923

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No. 5 of 1890

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