AIRFIELD (KAI TAK) EXTENSION AND REVERSION ORDINANCE

AIRFIELD (KAI TAK) EXTENSION AND REVERSION ORDINANCE

CHAPTER 246.
AIRFIELD (KAI TAK) EXTENSION AND REVERSION.

To provide that land employed by the occupying power In.
extension of the Kai Tak Airfield shall be deemed to
have reverted to the Crown with effect from the ist
day of September, 1945, and to provide for the pay-
ment of cornpensation in respect of such reversion.

[16th July, 1948.]

1. This Ordinance may be cited as the Airfield (Kai
Tak) Extension and Reversion Ordinance.

2. In this Ordinance-
'airfield extension' means land in use at the date of the
coining into force of this Ordinance as a portion of
the Kai Tak Airfield whether for landing strips,
hangars, shelters, buildinggs, accommodation land or
flight approach areas or otherwise, the said land not
having been so used on the 25th day of December,
1941, but having been added for such use by the
occupying power;
'Board' means the Board of Arbitrators appointed tinder
section 8;
'extension plan' means the plan prepared in accordance
with the provisions of section 3;
'extension schedule' means the schedule prepared in
accordance with the provisions of section 3 and any
amendment to such schedule;
'former owner' rneans the person registered or entitled to
be registered in respect of any land included in the
extension schedule, or if such person is absent from
the Colony, or cannot be found, or is bankrupt or dead,
his agent or representative in the Colony;
'Land Officer' means the Land Officer, Victoria, in respect
of any not designated a Kowloon Inland Lot or a New
Kowloon Inland Lot, and the Assistant Land Officer,
New Territories, in respect of any lot designated a
Survey District 1 Lot or a Survey District 2 Lot;
occupation period- ineans the period between the 25th
day of December, 1941, and the 1st: day of September,
1945 ;





'occupying power' means the power exercising during the
occupation period the functions of government in the
Colony or any part thereof;
'Resumption Officer' means the Valuation and Resump-
tion Officer of the Government.

3. (1) The Resumption Officer shall from such
records as are available and from survey, inspection and
inquiry determine with all possible accuracy, the location
and dimension of the airfield extension.

(2) The Resumption Officer shall with all possible
accuracy delineate the area of the airfield extension on a
plan which will be the extension plan for the purposes of
this Ordinance.

(3) The Resumption Officer shall prepare in relation
to the area delineated in the extension plan the extension
schedule which shall specify as accurately as possible all
lots and parcels of land included in the airfield extension
by reference to lot number, location and area, and shall
specify therein the graded value and amount of compensa-
tion payable in respect of each lot or parcel computed in
accordance with section 5.

(4) The extension plan and the extension schedule
shall be presented for approval to the Governor in Council
and on such approval a copy of each indorsed with a certi-
ficate thereof by the Clerk of Councils shall be lodged at
the Land Office, Victoria, and at the office of the Assistant
Land Officer, New Territories, and be available for inspec-
tion at such offices during the usual office hours on pay,ment
of,a fee of one dollar. A notice of such approval and of the
date of such deposit and availability for inspection shall
be published in the Gazette upon the deposit being made.

4. (1) Subsequent to the coming into force of this
Ordinance the Resumption Officer shall lodge at the Land
Office, Victoria, and at the office of the Assistant Land
Officer, New Territories, memorials of the extension
schedule approved and lodged in accordance with the pro-
visions of section 3 and of any amendment to the extension
schedule which may be made in accordance with the pro-
visions of section 7.





(2) Any land comprised in any such memorial shall
upon the lodgment thereof be deemed to have reverted to
the Crown with effect from the ist day of September, 1945,
and from such date all the rights of the former owner his
assigns or representatives or of any other person in or over
the land or any part thereof shall be deemed absolutely
to have ceased save and except-
(a)any right or claim against the occupying power;
and
(b) any right or claim to compensation in accordance
with the provisions of this Ordinance.

5. The following principles shall govern the assess-
ment of compensation for the purpose of this Ordinance-
(a)compensation shall be paid in respect of land only
and shall be taken to be the amount which the
land if sold in the open market on the ist day of
September, 1945, might have been expected to
realize ;
(b)the method of assessment shall be by assignment
of one or other of the graded values specified in
the First Schedule;
(c)the onus shall primarily be on any claimant to
establish that some other graded value be assigned
than that specified in the extension schedule or to
establish that any other amendment or addition
should be made thereto;
(d)no allowance shall be made on account of the
resumption being compulsory;
(e)no allowance shall be made in respect of any use
of the land which is not in accordance with the
terms of the Crown lease thereof;
(f) no allowance shall be made in respect of any
expectancy or probability of the grant or renewal
or continuance by the Crown or by any person of
any licence, permission, lease or permit what-
soever: Provided that this subsection shall not
apply to any case in which the grant or renewal
or continuance of any licence, permission, lease or
permit could have been enforced as of right if the
land in question had not been resumed. .





6. (1) Claims for payment of compensation shall be.
rendered in the prescribed form to the Land Officer by,
whom copies of such form shall be provided on payment
of a fee of one dollar.

(2) It shall be the duty of the Land Officer on receipt
of claims to satisfy himself that claims received are in
accordance with the particulars in the extension schedule
and his registers. A claimant may be required to produce
such evidence or further particulars as to identity, owner-
ship, or as to the land in question as the Land Officer
may deem to be necessary for him to consider in order to
admit or reject the claim.

(3) The Land Officer shall notify the former owner
of refusal of the clairn or of the amount of compensation
payable by letter to the effect of one of the prescribed forms.

7. In the event of an error or an alleged error in
any of the particulars in the extension schedule or omission
therefrom or any error or omission in the extension plan
any amendment may be effected by the Governor in Council
on the application of any person interested therein or ot]
recommendation rnade by the Resumption Officer. A
decision by the Governor in Council on such an application
shall be final as regards all parties interested but prior to
such decision the Governor in Council may, if lie thinks
fit, refer the application to arbitration in accoi7dance with
section 8 for the purpose of obtaining the recommendation
of the Board therein referred to. Notice of each such
reference to arbitration and of the lot or lots affected shall
be published in the Gazette.

8. (1) A Board of three rnernbers shall be appointed
to determine what recommendation shall be made to the
Governor in Council upon reference to arbitration made to
them tinder the preceding section.

(2) The chairman of the Board shall be a Justice of
the peace nominated by the Governor and the two other
members shall consist of persons nominated by the Governor
of whom one shall be a person other than a member of
the Colonial Civil Service.

(3) The Board shall be appointed within one month
of the first of such references to arbitration and the chair-





man shall cause notice of the composition of the Board
to be published in the Gazette and shall appoint thereby
a time and place for the commencement of its sittings.

(4) The remuneration of any member of the Board
shall be at a rate according to the amount of work and
the tirne occupied, and shall be awarded by the Governor
in Council upon report made by the chairman at the con-
clusion of each month during which sittings of the Board
have been held: Provided that nothing herein shall
authorize the payment of remuneration to any public servant
who may not be permitted by the terms of his appointment
to receive remuneration as a member of the Board.

9. (1) A. Board shall have power to make recom-
mendations to the Governor in Council-
(a)to amend or add to the particulars in the extension
schedule or amend the extension plan;
(b)to award costs either for or against the Crown or
for or against any parties claiming compensation
or any former owner, such costs, if desired by the
Crown or any party, to be taxed by the Registrar
of the Supreme Court.

(2) A Board shall have all such powers as are vested
in the Supreme Court or in a judge on the occasion of
any action or suit in respect of the following matters-
(a)enforcing the attendance of witnesses and examin-
ing them upon oath or otherwise as it may think
fit;
(b) compelling the production of any documents;
(c) punishing persons guilty of contempt;
(d) ordering an inspection of any premises;
(e) entering upon and viewing any premises; and
(f) to adjourn proceedings;
and shall have power to make rules for the conduct of
proceedings before it.

10. (1) Every notice under the hand of the chairman
of a Board may be substituted for and shall be equivalent
to any form of process capable of being issued in any action
or suit for enforcing the attendance of witnesses or coni-
pelling the production of documents.





(2) Any warrant of committal to prison issued for the
purpose of enforcing any such powers as aforesaid shall
be under the hand of the chairman, and may authorize the
imprisonment (which shall be without hard labour) of the
offender for three months.

(3) Every notice, order or warrant of any Board may
be served and executed in the same manner as notices, orders
and warrants of the court may be served and executed in
civil actions.

11. If, in the discharge of the duties devolving upon
any Board, there occurs a difference of opinion between
the members, the decision of any two of them shall have
the same force and effect as if all the members had con-
curred therein.

12. During the pendency of any proceedings before
any Board, if any member of the Board from an), cause
is or becomes unable to act, his place shall be filled by
some other person appointed by the Governor : Provided
that at all times there shall be at least one member of the
Board who is not a member of the Colonial Civil Service.

13. Any land resumed under the provisions of this
Ordinance may be demised and granted by the Governor
on such terms and conditions and at such price, whether
by way of rent, premium or otherwise, and either by public
auction or private contract, as the Governor may determine.

14. (1) Upon the expiration of one calendar month of
receipt of a claim made and admitted in accordance with
section 6, the Land Officer shall appoint a place and manner
for payment of such claim. Payments in accordance with
any amendment' or addition to the extension schedule shall
be made as soon as possible by the Land Officer after such
amendment or addition has been made.

(2) All sums of money awarded as compensation
together with interest thereon as hereinafter mentioned, and
all costs and remuneration awarded against the Crown, shall
be paid out of the general revenue.

(3) Any sum of money payable as compensation shall
bear interest at the rate of eight per cent per anibuin from





the 1st day of September, 1945, to the 3oth day of julle,
1948.

15. No claim for compensation under section 6 nor Time limit
application or recommendation to the Governor in Council
under section 7 shall be entertained unless it has been
presented within two years of the coming into effect of
this Ordinance : Provided always that the Governor in
Council may in any particular case extend the time hereby
limited for presenting such clairn or such application or
recommendation.

FIRST SCHEDULE. [s. 5.]

GRADED VALUE

Grade Value per square foot
I $5.00
II $4.00
III $3.50
Building Lots. IV $3.00
V $2.00
VI $1.50
Agricultural land. VII 15 cents.,

SECOND SCHEDULE. [s. 6.]

FORm 1.

AIRFIELD (KAi TAK) EXTENSION AND REVERSION
ORDINANCE.

FORM OF CLAIM.
Name of Claimant ....................................................................
Address for next six months ......................................................
(Change of address must be notified)
....................................
Lot Numbei . ...........................
Location ...................................................................................
Area .......................................................................................
Title thereto..............................................................................





What evidence as to ownership is held .......................................
Date and nature of acquisition thereof .......................................
Name and address of a witness as to identity ..............................

.....................................
Signature .................................................
Witnessed ................................................
Date ..............................

To Land Officer or
Assistant Land Officer, New Territories.

In Triplicate. Copies may be obtained from the Land Officer or
Assistant Land Officer, New Territories, at One Dollar per set.

FORm 2.
[s. 6 (3).]

NOTIFICATION OF ACCEPTANCE TO FORMER OWNERS.

Sir,

AIRFIELD (KAi TAK) EXTENSION AND REVERSION
ORDINANCE.

I have the honour to inform you that your claim dated
has been examined and it appears that it should be
admitted to the -following extent-

The compensation payable is cDmputed by assignment of a
graded value (grade..) of per square foot on an area of
.....................sq. ft., a total of $ . md interest amounting
to a further $.. ...............
This will be paid on ..at
in the absence of any conflicting claim being made, and subject
to the production of the following documents at the time of
payment-

and the following evidence of identity-

You will understand that the compensation paid is in respect
of the land only, and that you retain any reparations claim in
respect of buildings or growing crops which should be presented
in a similar manner to the other reparations claims arising in the
Colony. Since the land of which you were deprived during the
occupation now forms part of the airfield extension, the above
Ordinance provides that with effect from 1st September, 1945, it
shall legally vest in the Crown. A generous estimate has therefore
been made of its value at that date and interest has been allowed
you at 8% on that sum from the 1st September, 1945, until the 30th
June, 1948.





Section 7 provides that the Governor in Council, with or Second
without a recommendation from a Board of Arbitrators, has power Schedule
to amend the graded value assigned or the area stated, but section
5 provides that the onus is on you to prove the necessity for any
such amendment; moreover, in considering any application the
Governor in Council has power to make amendments which may
increase or decrease the compensation payable.
I am, etc.,

Land Officer/Assistant Land Officer,
New Territories.

FORM 3.
[ s. 6 (3).]
NOTIFICATION OF REFUSAL TO FORMER OWNER.
Sir,
AIRFIELD (KAi TAK) EXTENSION AND REVERSION
ORDINANCE.
I have the honour to refer to your claim dated .........................
.............. which has been examined but is refused on
the following grounds-

Section 7 of the Ordinance provides that the Governor in
Council, with or without a recommendation from a Board of
Arbitrators, has power to consider your objection if you are not
satisfied with this refusal, but you will understand that it will be
your responsibility in that event to prive your claim.
I am, etc.,

Land Officer/Assistant Land Officer,
New Territories.
33 of 1948. Short title. Interpretation. [s. 2 cont.] Survey. Extension plan. Extension schedule. Reversion to Crown. Compensation. First Schedule. Procedure. Second Schedule. Form 1. Second Schedule. Form 2 and 3. Amendment of schedule or reference to arbitration. Constitution and remuneration of Board. Powers of Board. Execution of process of Board. [s. 10 cont.] Decision by Board by majority to be final. Filling of vacancy on Board. Power to demise or grant land resumed. Compensation, payment and interest. Time limit. Second Schedule cont. Second Schedule cont.

33 of 1948. Short title. Interpretation. [s. 2 cont.] Survey. Extension plan. Extension schedule. Reversion to Crown. Compensation. First Schedule. Procedure. Second Schedule. Form 1. Second Schedule. Form 2 and 3. Amendment of schedule or reference to arbitration. Constitution and remuneration of Board. Powers of Board. Execution of process of Board. [s. 10 cont.] Decision by Board by majority to be final. Filling of vacancy on Board. Power to demise or grant land resumed. Compensation, payment and interest. Time limit. Second Schedule cont. Second Schedule cont.

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