SQUATTERS ORDINANCE, 1890

SQUATTERS ORDINANCE, 1890

No. 5 of 1890.

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

[1st May; 1891.]

WHEREAS at the.date of the establishm ent of this Colony certain
persons were in the occupation of land therein, 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 bther persons have, since the establishment of the
Colony, taken 'possession of land therein, and they and their
descendants and representatives have occupied.the same without
any grant of any lease or interest from the Crown ; AND WHEREx9
certain other persons have been and are in occupation of land within'
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 occupation

As amended by No. 2 of 1934 [29.3.34] and Law Rev. Ord., 1937





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 frorn the Crown of their several
holdings, on. the terms and subject to. the conditions
hereinafter mentioned:-

1. This Ordinance may be cited as the Squatters Ordinance.,
189o.

2. Claims by squatters to leases from the C rown 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 ju dge shall be the chairman of the Board, and
three members thereof shall form a quorum.

(2) In the case of an equai 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:-

(i) to determine within what time claims to teases 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
-Mu . st 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 Board 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,

(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
authorize 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
aAy witness has commit,.ed 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 perjyry in any cause,
action, or suit.





9. Any summons, order, warrant, pr 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 the 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 arnount 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 motioll, grant the lease in, any particular case with a rent
lower than that previously fixed by the Director of Public
Works.

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 if 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 in estimating any claim for compen-
sation the Board shall. take into consideration the condition of
building as regards the security of its 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 triespasser
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.
[Originally No. 27 of 1890.] Short title. Board for determination of claims by squatters to leases. 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.

[Originally No. 27 of 1890.] Short title. Board for determination of claims by squatters to leases. 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/1438

1937

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No. 5 of 1890

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