SQUATTER ORDINANCE, 1890
Title
SQUATTER ORDINANCE, 1890
Description
ORDINANCE No. 5 OF 1890
Squatters
AN ORDINANCE to make provision with respect to Squatting on
Crown Lands.
[1st May, 1891]
WHEREAS at the date of the establishment 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 other persons have, since the establishment of the Colony,
taken possession of land therein, and they and their descendants and
representatives have occupied of land within any grant of any lease
or interest from the Crown; and whereas certain other persons have
been and are in occupation of land within the Colony under license from
the Crown(known as Squatters Licenses)but without any other grant
of any lease or interest from the Crown; and whereas it is desirable
that the irregular occupation 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:
Be it therefore enacted by the Governor of Hongkong, with the advice
and consent of the Legislative Council thereof, as follows:-
1.This Ordinance may be cited as the Squatters Ordinance,1890.
2.Claims by squatters to lease from the Crown shall, subject to the
provisions of this Ordinance, be heard and determined by a Board (here-
inafter referred to as the Board)which shall consists of one of the Judges
of the Supreme Court, the persons respectively filling the offices of Sur-
veyor General and Risgistrar General for the time being, and one other
person to be from tome to time appointed by the Governor.
3.-(1.)The Judge aforesaid 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 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, for the purposes of this Ordinance, have the fol-
lowing powers:-
(1.)to determine within what time claims to lease in any specified
village or district shallbe presented to the Board, and in what
form and manner such claims are to be presented;
(2.)to cause to be nodified in any village or district in whcih land is
occupied by squatters,and in such manner as the Board may di-
rect, notice of the time within wich 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 lease, 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 Surveyor General, before the hear-
ing, that a lease can be granted to any claimant without further investi-
gation, he shall report the same to the Board sccordingly, and in such
case it shall not 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, affirmation, 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 necessary 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 pur-
poses of any claim before the Board to the same extent as the Supreme
Court night 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 pro-
perty, and the Board shall have power to authorize any person nomin-
ated 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 pur-
pose 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 signed
by the Chairman of the Board and issued by the Secretary, and any such
summoms, order, or warrant issued in any action in the Supreme
Court for enforcing the attendance of witnesses, or compelling the pro-
duction of documents, or otherwise for the purpose 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 sucvh conditions as it may
think fit.
11. The Surveyor General 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 amount of the rent
so fixed shall be communicated in the notice for claims referred to in sec-
tion;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 Surveyor General.
12. In any case where the Board allows the claim a lease shall be
granted within such time as may be convenient, unless the Governor in
his discretion, declined to grant a lease, in which case the claim shall be
referred back to the Board to decide what compensation shall be paid
to the claimant or claimants, and in such case the amount awarded by
the Board shall be paid by the Government to such person or persons as
the Board may direct.
13. After the commencement of the Ordinance, occupation by any
person as a squatters, or without any grant of any
estate or interest from the Crown of land a lease for which has been
t allowed by the Board, or in respect of which compensation as above
mentioned has been paid, or for which no lease has benn 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
trespasser 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 or forms as may from time to time be submitted by the
Board and approved by the Governor-in-Council.
A.D. 1890. Ordinance NO. 27 of 1890.
Short title.
Establishment of Board for determination of claims by squatters to leases. Chairman and quorum of Board. Powers of Board. Report in favour of claim by survey or General before hearing. Further powers of Board for hearing of claims. Powers of entry and view. Power of Board with respect to witness committing perjury. 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. Cases in which squatter to be deemed trespasser. Barring of appeal from decision of Board. Form of lease.
Squatters
AN ORDINANCE to make provision with respect to Squatting on
Crown Lands.
[1st May, 1891]
WHEREAS at the date of the establishment 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 other persons have, since the establishment of the Colony,
taken possession of land therein, and they and their descendants and
representatives have occupied of land within any grant of any lease
or interest from the Crown; and whereas certain other persons have
been and are in occupation of land within the Colony under license from
the Crown(known as Squatters Licenses)but without any other grant
of any lease or interest from the Crown; and whereas it is desirable
that the irregular occupation 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:
Be it therefore enacted by the Governor of Hongkong, with the advice
and consent of the Legislative Council thereof, as follows:-
1.This Ordinance may be cited as the Squatters Ordinance,1890.
2.Claims by squatters to lease from the Crown shall, subject to the
provisions of this Ordinance, be heard and determined by a Board (here-
inafter referred to as the Board)which shall consists of one of the Judges
of the Supreme Court, the persons respectively filling the offices of Sur-
veyor General and Risgistrar General for the time being, and one other
person to be from tome to time appointed by the Governor.
3.-(1.)The Judge aforesaid 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 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, for the purposes of this Ordinance, have the fol-
lowing powers:-
(1.)to determine within what time claims to lease in any specified
village or district shallbe presented to the Board, and in what
form and manner such claims are to be presented;
(2.)to cause to be nodified in any village or district in whcih land is
occupied by squatters,and in such manner as the Board may di-
rect, notice of the time within wich 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 lease, 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 Surveyor General, before the hear-
ing, that a lease can be granted to any claimant without further investi-
gation, he shall report the same to the Board sccordingly, and in such
case it shall not 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, affirmation, 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 necessary 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 pur-
poses of any claim before the Board to the same extent as the Supreme
Court night 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 pro-
perty, and the Board shall have power to authorize any person nomin-
ated 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 pur-
pose 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 signed
by the Chairman of the Board and issued by the Secretary, and any such
summoms, order, or warrant issued in any action in the Supreme
Court for enforcing the attendance of witnesses, or compelling the pro-
duction of documents, or otherwise for the purpose 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 sucvh conditions as it may
think fit.
11. The Surveyor General 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 amount of the rent
so fixed shall be communicated in the notice for claims referred to in sec-
tion;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 Surveyor General.
12. In any case where the Board allows the claim a lease shall be
granted within such time as may be convenient, unless the Governor in
his discretion, declined to grant a lease, in which case the claim shall be
referred back to the Board to decide what compensation shall be paid
to the claimant or claimants, and in such case the amount awarded by
the Board shall be paid by the Government to such person or persons as
the Board may direct.
13. After the commencement of the Ordinance, occupation by any
person as a squatters, or without any grant of any
estate or interest from the Crown of land a lease for which has been
t allowed by the Board, or in respect of which compensation as above
mentioned has been paid, or for which no lease has benn 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
trespasser 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 or forms as may from time to time be submitted by the
Board and approved by the Governor-in-Council.
A.D. 1890. Ordinance NO. 27 of 1890.
Short title.
Establishment of Board for determination of claims by squatters to leases. Chairman and quorum of Board. Powers of Board. Report in favour of claim by survey or General before hearing. Further powers of Board for hearing of claims. Powers of entry and view. Power of Board with respect to witness committing perjury. 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. Cases in which squatter to be deemed trespasser. Barring of appeal from decision of Board. Form of lease.
Abstract
A.D. 1890. Ordinance NO. 27 of 1890.
Short title.
Establishment of Board for determination of claims by squatters to leases. Chairman and quorum of Board. Powers of Board. Report in favour of claim by survey or General before hearing. Further powers of Board for hearing of claims. Powers of entry and view. Power of Board with respect to witness committing perjury. 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. Cases in which squatter to be deemed trespasser. Barring of appeal from decision of Board. Form of lease.
Short title.
Establishment of Board for determination of claims by squatters to leases. Chairman and quorum of Board. Powers of Board. Report in favour of claim by survey or General before hearing. Further powers of Board for hearing of claims. Powers of entry and view. Power of Board with respect to witness committing perjury. 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. Cases in which squatter to be deemed trespasser. Barring of appeal from decision of Board. Form of lease.
Identifier
https://oelawhk.lib.hku.hk/items/show/656
Edition
1901
Volume
v1
Cap / Ordinance No.
No. 5 of 1890
Number of Pages
4
Files
Collection
Historical Laws of Hong Kong Online
Citation
“SQUATTER ORDINANCE, 1890,” Historical Laws of Hong Kong Online, accessed January 23, 2025, https://oelawhk.lib.hku.hk/items/show/656.
