TAIPINGSHAN RESUMPTION ORDINANCE, 1894
Title
TAIPINGSHAN RESUMPTION ORDINANCE, 1894
Description
ORDINANCE No. 2 OF 1894.
Taipingshan Resumption
AN ORDINANCE for the summary Resumption of certain
Crown Lands situate in the Taipingshan District of the
City of Victoria and for other purposes.
[15th October,1894.]
WHEREAS the Crown Leases of lands in this Colony usually pro-
vide that the lands thereby demised may be resumed by the Crown
if required for the improovemen of the Colony or for any other public
purposes on three months' notice bveing given and on payment of full
and fair compensation to be assessed by the Director of Public Works;
and whereas, if such assessment is not satisfactory,there is no means of
obtaining possession of the land except by suit at law; and whereas by
the Crown Lands Resumption Ordinacne,1889, it is provided that.
whenever the Governor-in-Council decides that the resumption of any
land is expedient in the interest of the public, it shall be lawful for the
Governor to enter into private negotiations with the owner of such
land for the purchase thereof, and upon failure of such negotiations to
give writtwn notice that such lands will be resumed upon the
expiration of four months from publication of such notice; and
whereas the Colony and especially the Taioingshan District of the City
*Ordinance No.23 of 1889, repealed by the Crown Lands Resumption
Ordinance,1900. of Victoria has recently been visited by a formidable epidemis disease
known as the Bubonic Plague;and whereas certain portions of the
said District have been found to be in a highly insanitary condition,
and the inhabitants thereof have,by the orders of the Sanitary
Board,been removed therefrom,the houses closed,and the streets and
approaches thereto blocked up;and whereas it is expedient,for
the prevention of such visitation in the future and for the improve-
ment of the Colony,that the houses or some of them in the said
portions of the said district should be pulled down and destroyed and
that the area or a portion thereof should be laid out afresh and
re-drain;and whereas the procedure under the terms of the Crown
Leases is undsatisfactory and one-sided and may lead to protracted
law suits,and the procedure under the Crown Lands Resumption
Ordinance,1889,involves protracted negotiations and long delays,
and both procedures are unsuitable to the urgency of the case:
BE it therefore 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 Taipingshan Resumption
Ordinance,1894.
2.In this Ordinance,unless the context otherwise requires,-
'The Court' means the Supreme Court:
'The Crown' means Her Majesty,her heirs and successors:
'House' includes any building of nay kind whatsoever,rows,blocks,
or groups of houses,together with any yard,out-houses,and appur-
tenances belonging thereto or usually enjoyed therewith:
'Street' includes any road,court,alley,pathway,be-lane,or square:
'Owner' includes all Crown Lessees,assignees of the whole or any
portion ,section,or sub-section of any lot,mortgagees in possession,
and trustees in whose names any land resumed under this Ordinance
stands registered in the Land Office of the Colony.
3.-(1.)The lots of land mentioned and described in the First Schedule
to this Ordinance,now held under lease from the Crown,are hereby
resumed to and vested in the Crown as from the 1st day of June,1894,
and the rights of the Crown Lessees thereof,their executors,administra-
tors,or assigns,and of all other persons claiming any right or interest
in ,to ,or over the said lots of land or any of them or any portion thereof
are hereby declared to have absolutely ceased and determined as from
the said 1st day of June,1894.
(2.)The public roads and streets mentioned and described in the Second
Schedule to this Ordinance are hereby declared to have been closed from
the said 1st day of June,1894,to public traffic to the extent in the said Schedule set forth,and all rights of way and pther easements,if any,therein
or thereover are hereby declared to have absolutely ceased and determined
as from such date.
4.The Land Officer shall,immediately on the commencement of this
Ordinance,register in the Land office of the Colony against each lot,or
portion,section,or sub-section of any lot,hereby resumed a memorial of
such resumption in the form in the Third Schedule to this Ordinance.
5.-(1.)Subject as hereinafter mentioned,full and fair compensation
shall be paid to the owners of the said lots of land and to all persons
having any right or interest therein or in any part thereof in respect
of which theu could have maintained a suit for damages in any court,if
their right or interest had been summarily determined or interfered with
as from the 1st day of June,1894,by the unauthorized act of any person
whomsoever:Provided always that no tenant at will or monthly or
weekly tenant shall be deemed to have any right or interest entitling
him to maintain any such suit or to claim compensation.
(2.)No action or suit shall be brought or maintained against the
Crown or against any person for compensation or for any loss or damage
resulting to any person from the resumption of the said lots of land or
any of them or from the closing of such roads and streets under this
Ordinance,but all claims for such compensation or for any such loss or
damage shall be brought before and shall be determined by a Board of
Arbitartion,which shall consist of three persons and shall be constituted
immediately after the commencement of this Ordinance in manner
following;that is to say,-
(a.)one member shall be appointed by the Governor,and he shall
be the Chairman of the Board;one member shall be elected by
the unofficial members of the Legislative Council;and one mem-
ber shall be elected by the owners of the lands mentioned in
the First Schedule to this Ordinance or their attorneys or agents;
(b.)no member of the Boatd shall have or hold any interest
whatever in the lands resumed by this Ordinance;
(c.)-(i.)the unofficial members shall,on notice in writing from the
Colonial Secretary sent to each member,meet and nominate,with-
in seven days from the receipt of such notice,such person to be a
member of the Board as they may think fit,and sha;; forthwith
give notice thereof in writing to the Colonial Scretary;and
(ii.)such meeting shal be convened and presided over by the
senior unofficial member,and at such meeting three shall form
a quorum and the votes of the majority of the unofficial mem-
bers then present shall prevail,and,if the votes are equal,the
senior unofficial member shall have an additional casting vote; (d.)-(i.)within seven days from the commencement of this Ordin-
ance,the Deputy Land Officer shall cause to be published in
The Gazette and in one English and one Chinese newspaper a
notice convening a meeting of the said owners of the lands
mentioned in the said First Schedule for the purpose of electing
a member of the said Board,and such meeting shall be held not
later than seven days after such notice at the time and place
therein mentioned.Such notice shall be deemed valid and
effectual for all intents and purposes,and shall be deemed notice
to all persons mentioned in the said First Schedule and to their
attorneys and agents in the Colony;
(ii.)the Deputy Land Officer shall preside at such meeting,and
shall,if three-fourths of the said owners are not then present in
person or by their duly authorized attorneys or agents,adjourn
the meeting to some other day,not being less than seven days
or more than ten days thereafter;and shall oublish in The
Gazette and the local newspapers aforesaid notice of such ad-
journment,and at such adjourned meeting the election of a
member shall be proveeded with irrespective of the number of
owners present or represented;
(iii.)at such meeting or any adjournment thereof the said owners,
if present,or,if absent,their attorneys or agents,shall be
entitled to one vote each,irrespective of the quantity of land
held or represented by them.Where any of the said lands
stand or represented by them.Where any of the said lands
persons shall be entitled to vote;and where any of the said
lands may vote through such servant or officer as may be
deputed in that behalf;
(iv.)the member or members proposed for election to the Board
shall be nominated in writing by one person entitled to vote and
seconded by another ,and ,if only oen person is nominated,such
person shall be declared to be duly elected;
(v.)if more persons than one are proposed,the voting of the
owners,their attorneys or agents,shall be taken by ballot;
(vi.)on giving their votes,the Deputy Land Officer shall require
each voter to sign a book to be furnished for the purpose,
and if any question arises as to the right of any person to
vote,the decision of the Deputy Land officer shall be final;
(vii.)the ballot shall remain open for one hour,and the ballot box
shall be opened and the votes counted in the presence of the said
owners,their attorneys or agents,then present,and the Deputy
Land Officer shall declare the result of the ballot; (viii.)the person having the majority of votes shall be deemed to
be duly elected;
(ix.)in the case of an equality of votes,the ballot shall be taken
afresh,and the meeting may,if necessary,be adjourned for
that purpose for not more than four days;
(x.)the Deputy Land officer may,in respect of any matters
not herein provided for,make such determination as he may
think just;
(xi.)the Deputy Land Officer shall make a return in writing to
the Governor of the person elected;and
(xii.)if no return is made to the Governor as aforesaid within
four weeks from the date of the notice in The Gazetee convening
the meeting,the Governor shall appoint a member of the Board
on behalf of the said owners;
(e.)such remuneration may be granted to the members of the
Board appointed by the unofficial members of the Legislative
Council or by or on behalf of the said owners as the Legislative
Council may determine;
(f.)the constitution of the Board shall be published in The Gazette,
in English and Chinese;
(g.)the board,when constituted,may appoint a clerk or secretary
at such remuneration as the Governor may think fit;and
(h.)if any member of the Board from any cause is or becomes
unable to ace,his place shall be supplied by some other person
appointed or elected by the person or persons having the original
right to appoint or elect and in the same manner.
6.-(1.)The Board shall,within seven days from the publication of
its constitution in The Gazette,be convened by the Chairman,and shall
commence its sittings at such time and place as the Chairman may direct.
(2.)The Board shall,at its first sitting,appoint such persons as it may
think fit to survey and examine the houses standing on the lots of land
resumed under this Ordinance and to report on the age,character,struc-
tural and sanitary condition,and state of repair of each house,and whether
it is unfit for human habitation,and,if so,to what extent,and at what ex-
pense it can be made fit for human habitation,and the Board shall be at
liberty to take any other evidence or to conduct any further inquiry ,if it
thinks fit,into the state and condition of any such houses or house.
(3.)The Biard shall,after the close of the survey and examination
mentioned in the last preceding sub-section or of such further inquiry,if
any,forthwith prepare and publish a list of the lots,portions,sections,and
sub-sections of the lots resumed under this Ordinance,and of the names
of the registered owners thereof,and of the houses standing upon the said lots,portions,sections,and sub-sections,and of the names of the registered
owners and householdes thereof;and such list shall specify in detail
against each house the various particulars mentioned in the last preceding
sub-section,so far as the same have been or are capable of being ascer-
tained,and such list,signed by the Chairman of the Board,shall,for the
purposes of any claim for compensation made under this Ordinance,be
prima facie evidence of the facts therein stated and set forth.
(4.)Such list shall be forwarded to the Governor and shall be forth-
with published in The Gazette and in one English and one Chinese
newspaper in the Colony as the Board may direct and for such period
or periods as the Board may think fit.
(5.)Until the publication of the said list in The Gazette,the Chair-
man of the Board may,on the application of any owner mentioned in
the First Schedule to this Ordinance,authorize in writing such owner,
his agents and servants,to enter and inspect any of the houses or lands
resumed under this Ordinance from such owner.
7.-(1.)Until the completion of the survey and examination or of
the further inquiry,if any,mentioned in the last preceding section,
and until the publication of the said list in The Gazette,no houses upon
the hands resumed under this Ordinance shall be altered,pulled down,
or destroyed.
(2.)On the publication of the said list on The Gazette,te houses and
lands resumed may be dealt with in such manner as the Governor may
direct.
8.-(1.)Every person interested in or claiming an interest in any
land resumed under this Ordinance shall,as soon as possible and not
later than six months after the publication in The Gazette of the con-
stitution of the Baord,send in a written claim to the clerk or secretary
of the Board stating the precise nature of his interest in the land
resumed,his titled thereto,and the amount of compensation which he
seeks to recover;and every such claim shall be separately considered
and adjudicated upon,unless the parties to two or more claims otherwise
agree and send to the clerk or secretary of the Board a written consent
in that behalf or unless the Board is of opinion taht any two or more
claims cannot be separately considered and adjudicated upon.
(2.)On teh receipt of any such claim,a copy thereto shall be forthwith
forwarded by the clerk or secretary of the Board to the Colonial Secretary.
9.No claim for compensation shall be sent in or received or enter-
tained by the Board after the expiration of the said period of six months,
but teh Board shall have power at any time to allow any claim sent in
within the period aforesaid to be amended in such manner as justice
may require. 10.For the purposes of arbitration the Board shall have the following
powers:-
(1.)subject to the proviso in section 5,to determine the compensation
to be paid to the owner of any land and to every other person
having an interest in any land or house resumed under this
Ordinance or in respect of the extinction of any rigth or easement
caused by such resumption,regard being had not only to the value
of the land taken and of any houses thereon,but also to any damage
or injury resulting to the owner of the land resumed by reason of
the severance of such land from other land of such owner contiguous
thereto,and to award compensation in respect of such resumption
or extinction to all persons claiming compensation to whom the
Board may find compensation to be due;
(2.)to award costs, in its discretion,either for or against the Crown or
for or against any parties claiming compensation,such costs in case
of difference to be settled by the Registrar of the Court,subject to
the final determination of the Board:Provided always that if the
Governor has offered in writing,prior to notice of the hearing of
a claim having been given to the parties by the Board,to pay
to any person interested an amount of compensation equal to or
greater than the amount,if any,awarded to such person by the
Board,ni costs of the arbitration in respect thereof shall in any
event be awarded against the Crown;
(3.)all such powers as are now or may be hereafter vested in the
Court or in any Judge thereof on the occasion of any action or
suit in respect of the following matters:-
(a.)the enforcing thr attendance of witnesses and examining them
upon oath or otherwise as it may think fit;
(b.)the compelling the production of any documents;
(c.)the punishing persons guilty of contempt;and
(d.)the ordering an inspection of premises;and
(4.)to make and publish all such rules and regulations as may be
deemed necessary for the conduct of all proceedings before it.
11.Every notice under the hand of the Chairman of the Board may
be substituted for and shall be equivalent to any form of process capable
of being in any action or suit for enforcing the attendance of
witnesses or compelling the production of documents;and 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 shall
not authorize the imprisonment of any offender for a period exceeding
three months;and every notice,order,or warrant of the Board may be
served and executed in the same manner as notices,orders,and warrants of the Court may be served and executed under the procedure for the
time being in force relating to civil suits.
12.If, in the discharge of the duties devolving upon the Board,then
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 concurred therein;and any decision arrived at by the Board or a
majority thereof shall not be subject to appeal and shall be final as
regards all paries interested;and no award of compensation made with
respect to the resumption of any land shall be liable to be set aside for
irregularity or error in matter of form.
13.In determining claims for compensation by owners in respect
of lands resumed under this Ordinance,the Board,after hearing the
parties,may award such compensation as it may think fit;may,in its
discretion,take into consideration and receive evidence of any matters
or things it may deem just and fair;and may make such deductions
in respect of the age,character,insanitary condition,and state of
repaor of the houses on the said lands or otherwise as to it may seem
fair or reasonable.
14.In determining claims for compensation by any sub-lessee or
tenant of the whole or any portion of any house,entitled to claim under
this Ordinance,whose interest has been summarily determined by the
resumption of any land under this Ordinance,the Board,after hearing
the parties,shall assess such compensation ,as nearly as may be,as if
such interest had been tortiously put an end to or determined by the
immediately landlord of the claimant and he had brought an action for
damages against such landlord in any court of law or equity,but no
compensation shall be given for any furniture,fittings,mezzanine
floors,cocklofts,partitions,or articles in any house resumed under this
Ordinance which have been removed,destroyed,or damaged during
the prevalence of the Bubonic Plague by reason of any operations for
the cleansing or disinfecting of such house;and no compensations
shall be given in respect of the occupation of,or of rents derived from,
the letting of any house or portion of a house declared uon the list
published under the provisions of section 6 to have been found to be
unfit from any cause for human habitation.
15.Every award of the Board shall state-
(1.)the full amount awarded to the owner by way of compensation
for the resumption of his land and to each of the persons interested
therein who have made claims;
(2.)the persons to whom it is payable;
(3.)the proportions in which it is payable to such persons; (4.)in respect of what interest,right,easement,or otherwise it is
awarded;
(5.)whether any,and ,if anywhich ,of such persons are under
disabilities or otherwise incapable of giving a legal discharge for
any sum awarded;
(6.)whether any of the persons entitled to any compensation or any
proportion thereof are unknown,or cannot be found,or are absent
from and have no agent in the Colony;abd
(7.)the amount of costs,if any,awarded and against whom.
16.Every award,as soon as practiticable after it has beenm drawn up,
shall be forwarded to the Governor and published in The Gazette and
in one English and one Chinese newspaper in the Colony for such
period or periods as the Board may direct.
17.Where it appears from any such award that any person therein
named to whom any sum is to be paid by way of compensation is-
(1.)under disability or cannot otherwise give a legal discharge to
the Crown for the payment of any sums apportioned to such
person;or
(2.)cannot be found,or is unknown,or is absent from the Colony
an dhas no agent in the Colony authorized to give a discharge for
such sum,
it shall be lawful for the Governor to pay such sum into Court to
an account to be entitled in the matter of this Ordinance and of the
person entitled thereto,or,if such person is unknown,to some title
indicating the amount paid in and the source from which it is
derived.
18.Where any such sum is paid into Court as aforesaid-
(1.)the receipt of the Registrar of the Court shall be a complete
discharge to the Governor therefor;and
(2.)notice of such payment shall be forthwith published by the
Registrar in The Gazette and in one or more of the local daily
newspapers,and,until the same is paid out,shall be re-published
annually.
19.Any person entitled to any sum paid into Court or alleging that
he is entitled thereto,either on his own behalf or on behalf of any
other person as trustee or otherwise,may apply to the Court for the
payment out or for the disposal tehreof as hereinafter mentioned.
20.-(1.)The costs of any application to the Court may,in the
discretion of the Court,be paid out of the fund in respect of which the
application is made,and the Court may order any person who makes
an unsuccessful application or who opposes an application unsuccess- fully to pay the costs of the opposite party or may make no order as to
costs,as it may think fit.
(2.)If in any case the Court is of opinion that any money paid into
Court under section 17 ought not to have been paid into Court,the
Court may,on any application for the payment out of such moneys,
award costs against the Crown.
(3.)No fees of Court shall be payable on the payment into Court of
any moneys under the said section 17 or on the payment out of any
such moneys.
21.-(1.)The Court may make such rules and regulations for the
procedure to be adopted in relation to such application,as to the manner
of making the same, as to the service of notice of the application,and
as to the method in whcih evidence on such application may be given
or taken,and generally in relation to such applications as to it may
seem fit.
(2.)Such rules and regulations shall be binding when published in
The Gazette.
22.Every sum paid into Court under seciton 17 may be paid out
and applied as follows:-
(1.)in payment to any person becoming absolutely entitled there-
to;or
(2.)in payment thereof or any part therreof,or of the income thereof,
to the guardian,trustee,or committee of the estate of any person
entitled thereto who is under disability or otherwise unable to give
a legal discharge therefor;or
(3.)in the purchase of other lands to be conveyed and settled upon
the like trustee and purposes and in the same manner as the lands
in respect of which the sum which has been paid stood settled;or
(4.)in payment of any mortgage,legal or equitable,on any land
resumed under this Ordinance in respecy of which the sum has
been paid into Court;or
(5.)where a sum has been paid into Court to the account of an owner
who cannot be found or is absent from the Colony or of a person
unknown,in payment to the Colonial Treasurer,for the use of the
Crown,after the expiration of five years from the date of payment
in:Proivided no application is pending for payment out of such
fund,and provided satisfactory proof is adduced of the due pub-
lication of the notice of the payment in Court in accordance with
seciton 18 (2.)
23.All sums of money awarded by the Board and all costs awarded
against the Crown shall be paid as soon as practicable after the award
has been published,and all sums of money (exclusive of costs) shall bear interest at the rate of seven per cent, from the 1st day of June,1894,until
payment either to the persons entitled thereto or into Court as aforesaid.
24.All sums paid into Court may be invested in such manner as a
Judge of the Court may,of his own motion or on the application of
any person interested therein,direct.
25.Nothing in this Ordinance shall be deemed to affect any agree-
ment arrived between the Crown or the Governor and the owner of
any land resumed hereunder for the payment of any compensation,
before the final award of the Board and the publication thereof.
26.The Governor may,by private contract,exchange any other
lands for any lands resumed under this Oridnance,on such terms and
conditions as to the payment of the difference in the value thereof and
otherwise as he may think fit,and may execute all such deeds and
documents as may be necessary in that behalf.
27.All sums required for the purposes of this Ordinance for com-
pensation or costs of arbitration as against the Crown shall be borne
and paid out of the public funds of the Colony,or may be raised,
provided for,or paid by public loan or in such other manner as may be
authorized by Ordinance.
28.No action or suit shall be commenced or lie,or,if commenced,
shall be continued,against the Crown,or against the Sanitary Board or
any Committee thereof,or against any person whomsoever for any loss
or damage incurred by or resulting to any person by reason-
(1.)of the removal ,either before or after the commencement of this
Ordinance,of the occupants of any house or part of a house,closed
by orders of the Sanitary Board,or of the loss of any rent
occasioned thereby,within the said area of the Taipingshan Dis-
trict;or
(2.)of the shutting up or closing of any houses or streets,either
before or after the commencement of this Ordinance,by order of
the Sanitary Board,within the said area of the Taipingshan
District;or
(3.)of the destruction or removal of or of the damage,either before
or after the commencement of this Ordinance,to any furniture,
fittings,mezzanine floors,cocklofts,partitions,or articles in any
house closed or disinfected by orders of the Sanitary Board hereby
resumed,provided such destruction,removal,or damage occurred
during teh prevalence of the Bubonic Plague or during any opera-
tions which were necessary or deemed necessary for the cleansing
and disinfecting of any such houses,either before or after the
commencement of this ordinance;or
(4.)of any loss of rent whatever in respect of any lands resumed
under this Ordinance.
29.Nothing in this Ordinance shall prejudice or interfere with the
right of the Crown to recover payment of five-sixths of the Crown rent
payable in respect of any land resumed under this Ordinance for the
half-year ending the 24th day of June,1894,or two-thirds of any
rates or taxes for the quarter ending the 30th day of June,1894,or of
any owner or landlord to claim from his assignees,sub-lessees,or tenants
any sums payable to him in respect of Crown rents or taxes to the said
dates,under any assignment,lease,or agreement,or to interfere with
the rights or remedies of any owner or landlord for damages for the
breach,or non-observance,or non-performance,prior to the 1st day of
June,1894,of any convenant ir contract entered into by any assignee,
sub-lessee,or tenant in reference to any land or house and not rendered
incapable of performance by the resumption under this Oridnance of the
land or house.
30.-(1.) If before, or within six months after, the commencement
of this Ordinance, the Sanitary Board or any Committee thereof certifies
to the Governor, in writing under the hand of its chairman, that nay
houses within the City of Victoria, other than the lands and buildings
hereby resumed, have been closed and shut up by the order of the
Sanitary Board, or by the order of any Committee thereof, by reason of
their insanitary condition and for the purpose of preventing the spread
of the Bubonic Plague, and that it is expedient that such buildings
should be destroyed and demolished and the sites whereon they stand
resumed by the Crown, then and in such case it shall be lawful for the
Governor, with the advice and consent of the Legislative Council, after
the commencement of this Ordinance, by notification published in The
Gazette, to declare the resumption of such lands and buildings by the
Crown, and, on such publication, such lands and buildings shall revert
to and become vested in the Crown from the date specified in and
by such notification, and all the rights of the owner and persons
interest in, to, or over the same shall absolutely cease and
determine.
(2.) Such notification shall contain a schedule describing the lands
and buildings resumed in a form similar to the First Schedule to this
Ordinance, and, onthe publication thereof, all the provisions of this
Ordinance shall mutatis mutandis apply to the property mentioned in
such Schedule and to the owners or persons interest therein, and the
Board hereby constituted shall have the same powers, authorities, and
duties in connexion therewith as hereinbefore provided in respect of the
lands and buildings described in the First Schedule to this Ordinance,
except that the Board shall not make teh inquiry mentioned or exercise
the powers given in section 6 until such time as may be convenient and
as may be fixed by the Chairman,and except that the Land Officer
shall perform the duty prescribed by section 4 immediately on the
publication of the notification in The Gazette declaring the land
resumed.
SCHEDULES.
THE FIRST SCHEDULE.
LIST OF LOTS OF LAND RESUMED.
Inland Lot Numbers and
Descriptions. Owner's Names.
206,Section A,Sub-section No.1 Ip Nam.
206,Section A,Remaining Portion Le Kwonk Sau.
206,Remaining Portion William Neish Bain.
206A,Section A Nanabhoy Rustomjee Billimoria,Dada-
bhoy Dhunjibhoy Billimoria,and
Bhai Jivanjee.
206A,Section A of Remaining Por-
tion Tang Pak Shan.
206A,Remaining Portiob Cheong Kai.
239 Chan Kam I.
239A Ho Tung.
239B Ditto.
239C Lam Hung Kwan.
240 Mary Ayow Caldwell,(Executrix of
Daniel Richard Caldwell,deceased).
240A Ng Man Yin.
241 Ng Yuk.
241A Wong Mui.
241B Ip Nam.
241C Ditto.
242 Lee Tal,(Executor of Lee Choong,
deceased).
242A Ditto.
242B Ma King Yip.
243 Cheung Kam Tin,Leung Yuk Ming,
Wong Sik Chuen,and Fu Yap Lam,
(Executors of Chung Ying Choy,
deceased.)
243A Ditto.
243B Kwok Ying.
243C Ditto.
243D Ditto.
Inland Lot Numbers and
Descriptions. Owners' Names.
243E Lee King.
243F Lee Tak,(Executor of Lee Choong,
deceased).
244 Leung Tat Tin.
244A Choong Aeen.
244B Yuen Yew Cheong and Yuen Yew
Tin.
244C Ditto.
244D The Hongkong,Canton,and Macao
Steam-boat Company,Limited.
244E Lo Kum Chune.
244G Mary Ayow Caldwell,(Executrix of
Daniel Richard Caldwell,deceased).
245 Chan Kwei.
245D Chun Kwai.
245E Clement Palmer.
245F Ditto.
245G Chung Tsau.
262 Ma King Yip.
263,Section A Ip Nam.
263,Section B William Neish Bain.
263,Remaining Portion Ma King Yip.
264,Section A,Sub-section No.1 Wiliam Neish Bain.
264,Section A,Remianing Portion Ditto.
264,Remaining Portion Ma King Yip.
265,Section A, John Chalmers,Wong Yuk Cho,Ho
Kan Pu,Fung Fu,Lai Ful Chi,
Ko Cheul Shing,and Tong Kam
Chan.
265,Section B Wong Ka Pat.
265,Section C The Hongkong,Canton,and Macao
Steam-boat Company,Limited.
265,Remaining Portion The Hongkong Fire Insurance Com-
pany,Limited.
271,Section A,Sub-section No.1 Tam Hoi Chau.
271,Section A,Remaining Portion Chan Kwei Kam.
271,Sub-section No.1 of Section A
of remaining Portion Cheang Hon and Hu Pan.
271,Section B of Remaining Portion Loo Pun Wa.
271,Section C of Remaining Portion Wong Sow.
271,Remaining Portion Ip Sham Tin.
272 Lau Chin Ting and Fung Su. Inland Lot Numbers and
Descriptions. Owners' Names.
273,Section A,Sub-section No.1 Tang Ki,(Administrator of the estate
of Tang Mun,deceased).
273,Section A,Sub-section No.2 Tam Hoi Chau.
273,Section A, Remaining Portion Chan Kwei Kam.
273,Remaining Portion Li Sing.
274 Tam Sai Tong.
277 Ho Sun To.
278,Section A,Sub-section No.1 Victor Hobart Deacon,(Trustee).
278,Section A,Sub-section No.2 Ditto.
278,Section A,Remaining Portion Ng Sun Yiu.
278,Remaining Portion Yu Chew Ham.
279,Section A Alfred John May.
279,Section B Chan A-San.
279,Remaining Portion Chow A-Yoong.
280,Section A Charlotte Page Hance.
280,Section B Chung Tuk Hok.
280,Section C and Remaining Portion Tang Pak Shan.
355 Yeong Nai On.
361 The Tung Wa Hospital.
383 U Lai Un,(Administrator of the
Estate of Woo Man Chow,deceased).
399 Leong Tak.
400,Section A Wy Yok Ting.
400,Section B Mathias Antonio D'Azevedo,(Ex-
ecutor of Manoel da Silva,deceased).
400,Section C Augusto Cezar Botelho,(ADminis-
trator of the Estate of Alberto
Antonio Botelho,deceased).
400,Section D Chan King Ting.
400,Remaining Portion Ditto.
401 Tam Sai Tong.
402,Section A Lam Hung Kwan,(Executor of Lam
Sow,deceased).
402,Remaining Portion Lumbah.
403,Section A Tang Tsz On.
403,Section B,Sub-section A Tune Sui,Yune Yuk Fong,and Yune
King Mun.
403,Section B,Remaining Portion Ditto.
403,Remaining Portion Tang Tsz On.
404,Section A Maria Stella, Luigia Frigerio,and
Theodora Lucian.
404,Remaining Portion Vlaentin Antonio do Rozario and Mar-
ciano Antonio Baptista,(Executors
of Rafael Arcanjo Rozario,deceased). Inland Lot Numbers and
Description. Owners' Names
405 The Procurator in Hongkong for the
Dominican Missions in the Far East.
406,Section A Yu Sui Hum.
406,Remaining Portion John Hughes Lewis and Charles David
Wilkinson.
407,Section A Hui Shun Chuen,Chan Pui,and Yuen
Kam.
407,Section B Ho Chan Shi.
407,Remaining Portion Yune Sui,Yune Yuk Fong,and Yune
King Mun.
420 The Procurator in Hongkong for the
Sominican Missions in the Far East.
421 Ditto.
422 Cheong Assow.
570 Ditto.
571 Ditto.
572 Ditto.
592 Cheng Luk.
593 Ditto.
594 The Hongkong,Canton,and Macao
Steam-boat Company,Limited.
595 Tang Pak Shan.
596 Alfred Bulmer Johnson,(Adminis-
trator of the Estate of Richard
Young,decease).
597 Ditto.
599 Bruce Shepherd,(Administrator of the
Estate of Robert Jones,deceased).
600,Section A The Hongkong,Canton,and Macao
Steam-boat Company ,Limited.
600,Section B Chan Piu,Yune Shi Kan,and Hui
Shun Chune.
600,Remaining Portion Li Fung Shan.
701 Ng A-Kue.
701A Dominico Musso.
702A Tam Sai Tong.
1238 Clement Palmer.
1314 Chung Tok Hok. THE SECOND SCHEDULE.
LIST OF PUBLIC STREETS,ETC.,RESUMED.
Name. Part resumed.
Bridges Street From the West side of Ladder Street
to Tank Lane.
Caine Lane From Upper Station Street to the
South side of Market Street.
East Street From the South side of Taipingshan
Street to Taipingshan Market.
Market Street The whole.
Pound Lane From the South side of Taipingshan
Street to the North side of Rutter
Street.
Rozario Street All except that portion which runs
along the extent of the Northern
boundary of Inland Lot No. 700.
Square Street From the South side of Taipingshan
Street to Market Street.
Station Street The whole.
Taiping Lane The whole
Tank Lane From the South side of Square Street
to Caine Lane.
Upper Station Street From the South side of Taipingshan
Street to No.8 Police Station.
A Lane or Passage running parallel
to Taipingshan Street on its South
side from Square Street West-
wards The whole.
A Lane or Passage running parallel
to Square Street On its West side from the last-men-
tioned Lane.
A Lane or Passage forming the East
boundary of Inland Lot No. 263 The whole.
THE THIRD SCHEDULE.
FORM OF MEMORIAL OF RESUMPTION.
A.D. 1894. Ordinance No. 8 of 1894. Short title. Interpretation of terms. Resumption of certain specified lots of land. First Schedule. Second Schedule. Registration of memorials of resumption. Third Schedule. Constitution of Board of Arbitration for awarding compensation for lands resumed. Duties of Board. No house to be altered, etc., pending survey, etc. Making of claim for compensation. Barring of claim after six months. Powers of Board. Form and service of notice by Board, etc. No appeal from decision of majority of Board. Mode of determining claim for compensation of owner. Mode of determining claim for compensation of sub-lessee and tenant. Contents of award. Publication of award. Provision for payment into Court of sums payable to persons under disability, etc. Procedure on making of payment into Court. Costs of application for payment out of Court. Power of the Court to make rules of procedure, etc. Application of moneys paid into Court. Sums awarded to bear interest until payment. Investment of sums paid into Court. Saving as to agreements for compensation. Powers of exchange. Funds out of which compensation, etc., to be paid. Barring of actions against the Crown, etc., for certain matters. Saving of remedies of the Crown for rent and taxes and of owner or landlord for rent and taxes. Application of the Ordinance to other properties. Section 3. Section 3. Section 4.
Taipingshan Resumption
AN ORDINANCE for the summary Resumption of certain
Crown Lands situate in the Taipingshan District of the
City of Victoria and for other purposes.
[15th October,1894.]
WHEREAS the Crown Leases of lands in this Colony usually pro-
vide that the lands thereby demised may be resumed by the Crown
if required for the improovemen of the Colony or for any other public
purposes on three months' notice bveing given and on payment of full
and fair compensation to be assessed by the Director of Public Works;
and whereas, if such assessment is not satisfactory,there is no means of
obtaining possession of the land except by suit at law; and whereas by
the Crown Lands Resumption Ordinacne,1889, it is provided that.
whenever the Governor-in-Council decides that the resumption of any
land is expedient in the interest of the public, it shall be lawful for the
Governor to enter into private negotiations with the owner of such
land for the purchase thereof, and upon failure of such negotiations to
give writtwn notice that such lands will be resumed upon the
expiration of four months from publication of such notice; and
whereas the Colony and especially the Taioingshan District of the City
*Ordinance No.23 of 1889, repealed by the Crown Lands Resumption
Ordinance,1900. of Victoria has recently been visited by a formidable epidemis disease
known as the Bubonic Plague;and whereas certain portions of the
said District have been found to be in a highly insanitary condition,
and the inhabitants thereof have,by the orders of the Sanitary
Board,been removed therefrom,the houses closed,and the streets and
approaches thereto blocked up;and whereas it is expedient,for
the prevention of such visitation in the future and for the improve-
ment of the Colony,that the houses or some of them in the said
portions of the said district should be pulled down and destroyed and
that the area or a portion thereof should be laid out afresh and
re-drain;and whereas the procedure under the terms of the Crown
Leases is undsatisfactory and one-sided and may lead to protracted
law suits,and the procedure under the Crown Lands Resumption
Ordinance,1889,involves protracted negotiations and long delays,
and both procedures are unsuitable to the urgency of the case:
BE it therefore 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 Taipingshan Resumption
Ordinance,1894.
2.In this Ordinance,unless the context otherwise requires,-
'The Court' means the Supreme Court:
'The Crown' means Her Majesty,her heirs and successors:
'House' includes any building of nay kind whatsoever,rows,blocks,
or groups of houses,together with any yard,out-houses,and appur-
tenances belonging thereto or usually enjoyed therewith:
'Street' includes any road,court,alley,pathway,be-lane,or square:
'Owner' includes all Crown Lessees,assignees of the whole or any
portion ,section,or sub-section of any lot,mortgagees in possession,
and trustees in whose names any land resumed under this Ordinance
stands registered in the Land Office of the Colony.
3.-(1.)The lots of land mentioned and described in the First Schedule
to this Ordinance,now held under lease from the Crown,are hereby
resumed to and vested in the Crown as from the 1st day of June,1894,
and the rights of the Crown Lessees thereof,their executors,administra-
tors,or assigns,and of all other persons claiming any right or interest
in ,to ,or over the said lots of land or any of them or any portion thereof
are hereby declared to have absolutely ceased and determined as from
the said 1st day of June,1894.
(2.)The public roads and streets mentioned and described in the Second
Schedule to this Ordinance are hereby declared to have been closed from
the said 1st day of June,1894,to public traffic to the extent in the said Schedule set forth,and all rights of way and pther easements,if any,therein
or thereover are hereby declared to have absolutely ceased and determined
as from such date.
4.The Land Officer shall,immediately on the commencement of this
Ordinance,register in the Land office of the Colony against each lot,or
portion,section,or sub-section of any lot,hereby resumed a memorial of
such resumption in the form in the Third Schedule to this Ordinance.
5.-(1.)Subject as hereinafter mentioned,full and fair compensation
shall be paid to the owners of the said lots of land and to all persons
having any right or interest therein or in any part thereof in respect
of which theu could have maintained a suit for damages in any court,if
their right or interest had been summarily determined or interfered with
as from the 1st day of June,1894,by the unauthorized act of any person
whomsoever:Provided always that no tenant at will or monthly or
weekly tenant shall be deemed to have any right or interest entitling
him to maintain any such suit or to claim compensation.
(2.)No action or suit shall be brought or maintained against the
Crown or against any person for compensation or for any loss or damage
resulting to any person from the resumption of the said lots of land or
any of them or from the closing of such roads and streets under this
Ordinance,but all claims for such compensation or for any such loss or
damage shall be brought before and shall be determined by a Board of
Arbitartion,which shall consist of three persons and shall be constituted
immediately after the commencement of this Ordinance in manner
following;that is to say,-
(a.)one member shall be appointed by the Governor,and he shall
be the Chairman of the Board;one member shall be elected by
the unofficial members of the Legislative Council;and one mem-
ber shall be elected by the owners of the lands mentioned in
the First Schedule to this Ordinance or their attorneys or agents;
(b.)no member of the Boatd shall have or hold any interest
whatever in the lands resumed by this Ordinance;
(c.)-(i.)the unofficial members shall,on notice in writing from the
Colonial Secretary sent to each member,meet and nominate,with-
in seven days from the receipt of such notice,such person to be a
member of the Board as they may think fit,and sha;; forthwith
give notice thereof in writing to the Colonial Scretary;and
(ii.)such meeting shal be convened and presided over by the
senior unofficial member,and at such meeting three shall form
a quorum and the votes of the majority of the unofficial mem-
bers then present shall prevail,and,if the votes are equal,the
senior unofficial member shall have an additional casting vote; (d.)-(i.)within seven days from the commencement of this Ordin-
ance,the Deputy Land Officer shall cause to be published in
The Gazette and in one English and one Chinese newspaper a
notice convening a meeting of the said owners of the lands
mentioned in the said First Schedule for the purpose of electing
a member of the said Board,and such meeting shall be held not
later than seven days after such notice at the time and place
therein mentioned.Such notice shall be deemed valid and
effectual for all intents and purposes,and shall be deemed notice
to all persons mentioned in the said First Schedule and to their
attorneys and agents in the Colony;
(ii.)the Deputy Land Officer shall preside at such meeting,and
shall,if three-fourths of the said owners are not then present in
person or by their duly authorized attorneys or agents,adjourn
the meeting to some other day,not being less than seven days
or more than ten days thereafter;and shall oublish in The
Gazette and the local newspapers aforesaid notice of such ad-
journment,and at such adjourned meeting the election of a
member shall be proveeded with irrespective of the number of
owners present or represented;
(iii.)at such meeting or any adjournment thereof the said owners,
if present,or,if absent,their attorneys or agents,shall be
entitled to one vote each,irrespective of the quantity of land
held or represented by them.Where any of the said lands
stand or represented by them.Where any of the said lands
persons shall be entitled to vote;and where any of the said
lands may vote through such servant or officer as may be
deputed in that behalf;
(iv.)the member or members proposed for election to the Board
shall be nominated in writing by one person entitled to vote and
seconded by another ,and ,if only oen person is nominated,such
person shall be declared to be duly elected;
(v.)if more persons than one are proposed,the voting of the
owners,their attorneys or agents,shall be taken by ballot;
(vi.)on giving their votes,the Deputy Land Officer shall require
each voter to sign a book to be furnished for the purpose,
and if any question arises as to the right of any person to
vote,the decision of the Deputy Land officer shall be final;
(vii.)the ballot shall remain open for one hour,and the ballot box
shall be opened and the votes counted in the presence of the said
owners,their attorneys or agents,then present,and the Deputy
Land Officer shall declare the result of the ballot; (viii.)the person having the majority of votes shall be deemed to
be duly elected;
(ix.)in the case of an equality of votes,the ballot shall be taken
afresh,and the meeting may,if necessary,be adjourned for
that purpose for not more than four days;
(x.)the Deputy Land officer may,in respect of any matters
not herein provided for,make such determination as he may
think just;
(xi.)the Deputy Land Officer shall make a return in writing to
the Governor of the person elected;and
(xii.)if no return is made to the Governor as aforesaid within
four weeks from the date of the notice in The Gazetee convening
the meeting,the Governor shall appoint a member of the Board
on behalf of the said owners;
(e.)such remuneration may be granted to the members of the
Board appointed by the unofficial members of the Legislative
Council or by or on behalf of the said owners as the Legislative
Council may determine;
(f.)the constitution of the Board shall be published in The Gazette,
in English and Chinese;
(g.)the board,when constituted,may appoint a clerk or secretary
at such remuneration as the Governor may think fit;and
(h.)if any member of the Board from any cause is or becomes
unable to ace,his place shall be supplied by some other person
appointed or elected by the person or persons having the original
right to appoint or elect and in the same manner.
6.-(1.)The Board shall,within seven days from the publication of
its constitution in The Gazette,be convened by the Chairman,and shall
commence its sittings at such time and place as the Chairman may direct.
(2.)The Board shall,at its first sitting,appoint such persons as it may
think fit to survey and examine the houses standing on the lots of land
resumed under this Ordinance and to report on the age,character,struc-
tural and sanitary condition,and state of repair of each house,and whether
it is unfit for human habitation,and,if so,to what extent,and at what ex-
pense it can be made fit for human habitation,and the Board shall be at
liberty to take any other evidence or to conduct any further inquiry ,if it
thinks fit,into the state and condition of any such houses or house.
(3.)The Biard shall,after the close of the survey and examination
mentioned in the last preceding sub-section or of such further inquiry,if
any,forthwith prepare and publish a list of the lots,portions,sections,and
sub-sections of the lots resumed under this Ordinance,and of the names
of the registered owners thereof,and of the houses standing upon the said lots,portions,sections,and sub-sections,and of the names of the registered
owners and householdes thereof;and such list shall specify in detail
against each house the various particulars mentioned in the last preceding
sub-section,so far as the same have been or are capable of being ascer-
tained,and such list,signed by the Chairman of the Board,shall,for the
purposes of any claim for compensation made under this Ordinance,be
prima facie evidence of the facts therein stated and set forth.
(4.)Such list shall be forwarded to the Governor and shall be forth-
with published in The Gazette and in one English and one Chinese
newspaper in the Colony as the Board may direct and for such period
or periods as the Board may think fit.
(5.)Until the publication of the said list in The Gazette,the Chair-
man of the Board may,on the application of any owner mentioned in
the First Schedule to this Ordinance,authorize in writing such owner,
his agents and servants,to enter and inspect any of the houses or lands
resumed under this Ordinance from such owner.
7.-(1.)Until the completion of the survey and examination or of
the further inquiry,if any,mentioned in the last preceding section,
and until the publication of the said list in The Gazette,no houses upon
the hands resumed under this Ordinance shall be altered,pulled down,
or destroyed.
(2.)On the publication of the said list on The Gazette,te houses and
lands resumed may be dealt with in such manner as the Governor may
direct.
8.-(1.)Every person interested in or claiming an interest in any
land resumed under this Ordinance shall,as soon as possible and not
later than six months after the publication in The Gazette of the con-
stitution of the Baord,send in a written claim to the clerk or secretary
of the Board stating the precise nature of his interest in the land
resumed,his titled thereto,and the amount of compensation which he
seeks to recover;and every such claim shall be separately considered
and adjudicated upon,unless the parties to two or more claims otherwise
agree and send to the clerk or secretary of the Board a written consent
in that behalf or unless the Board is of opinion taht any two or more
claims cannot be separately considered and adjudicated upon.
(2.)On teh receipt of any such claim,a copy thereto shall be forthwith
forwarded by the clerk or secretary of the Board to the Colonial Secretary.
9.No claim for compensation shall be sent in or received or enter-
tained by the Board after the expiration of the said period of six months,
but teh Board shall have power at any time to allow any claim sent in
within the period aforesaid to be amended in such manner as justice
may require. 10.For the purposes of arbitration the Board shall have the following
powers:-
(1.)subject to the proviso in section 5,to determine the compensation
to be paid to the owner of any land and to every other person
having an interest in any land or house resumed under this
Ordinance or in respect of the extinction of any rigth or easement
caused by such resumption,regard being had not only to the value
of the land taken and of any houses thereon,but also to any damage
or injury resulting to the owner of the land resumed by reason of
the severance of such land from other land of such owner contiguous
thereto,and to award compensation in respect of such resumption
or extinction to all persons claiming compensation to whom the
Board may find compensation to be due;
(2.)to award costs, in its discretion,either for or against the Crown or
for or against any parties claiming compensation,such costs in case
of difference to be settled by the Registrar of the Court,subject to
the final determination of the Board:Provided always that if the
Governor has offered in writing,prior to notice of the hearing of
a claim having been given to the parties by the Board,to pay
to any person interested an amount of compensation equal to or
greater than the amount,if any,awarded to such person by the
Board,ni costs of the arbitration in respect thereof shall in any
event be awarded against the Crown;
(3.)all such powers as are now or may be hereafter vested in the
Court or in any Judge thereof on the occasion of any action or
suit in respect of the following matters:-
(a.)the enforcing thr attendance of witnesses and examining them
upon oath or otherwise as it may think fit;
(b.)the compelling the production of any documents;
(c.)the punishing persons guilty of contempt;and
(d.)the ordering an inspection of premises;and
(4.)to make and publish all such rules and regulations as may be
deemed necessary for the conduct of all proceedings before it.
11.Every notice under the hand of the Chairman of the Board may
be substituted for and shall be equivalent to any form of process capable
of being in any action or suit for enforcing the attendance of
witnesses or compelling the production of documents;and 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 shall
not authorize the imprisonment of any offender for a period exceeding
three months;and every notice,order,or warrant of the Board may be
served and executed in the same manner as notices,orders,and warrants of the Court may be served and executed under the procedure for the
time being in force relating to civil suits.
12.If, in the discharge of the duties devolving upon the Board,then
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 concurred therein;and any decision arrived at by the Board or a
majority thereof shall not be subject to appeal and shall be final as
regards all paries interested;and no award of compensation made with
respect to the resumption of any land shall be liable to be set aside for
irregularity or error in matter of form.
13.In determining claims for compensation by owners in respect
of lands resumed under this Ordinance,the Board,after hearing the
parties,may award such compensation as it may think fit;may,in its
discretion,take into consideration and receive evidence of any matters
or things it may deem just and fair;and may make such deductions
in respect of the age,character,insanitary condition,and state of
repaor of the houses on the said lands or otherwise as to it may seem
fair or reasonable.
14.In determining claims for compensation by any sub-lessee or
tenant of the whole or any portion of any house,entitled to claim under
this Ordinance,whose interest has been summarily determined by the
resumption of any land under this Ordinance,the Board,after hearing
the parties,shall assess such compensation ,as nearly as may be,as if
such interest had been tortiously put an end to or determined by the
immediately landlord of the claimant and he had brought an action for
damages against such landlord in any court of law or equity,but no
compensation shall be given for any furniture,fittings,mezzanine
floors,cocklofts,partitions,or articles in any house resumed under this
Ordinance which have been removed,destroyed,or damaged during
the prevalence of the Bubonic Plague by reason of any operations for
the cleansing or disinfecting of such house;and no compensations
shall be given in respect of the occupation of,or of rents derived from,
the letting of any house or portion of a house declared uon the list
published under the provisions of section 6 to have been found to be
unfit from any cause for human habitation.
15.Every award of the Board shall state-
(1.)the full amount awarded to the owner by way of compensation
for the resumption of his land and to each of the persons interested
therein who have made claims;
(2.)the persons to whom it is payable;
(3.)the proportions in which it is payable to such persons; (4.)in respect of what interest,right,easement,or otherwise it is
awarded;
(5.)whether any,and ,if anywhich ,of such persons are under
disabilities or otherwise incapable of giving a legal discharge for
any sum awarded;
(6.)whether any of the persons entitled to any compensation or any
proportion thereof are unknown,or cannot be found,or are absent
from and have no agent in the Colony;abd
(7.)the amount of costs,if any,awarded and against whom.
16.Every award,as soon as practiticable after it has beenm drawn up,
shall be forwarded to the Governor and published in The Gazette and
in one English and one Chinese newspaper in the Colony for such
period or periods as the Board may direct.
17.Where it appears from any such award that any person therein
named to whom any sum is to be paid by way of compensation is-
(1.)under disability or cannot otherwise give a legal discharge to
the Crown for the payment of any sums apportioned to such
person;or
(2.)cannot be found,or is unknown,or is absent from the Colony
an dhas no agent in the Colony authorized to give a discharge for
such sum,
it shall be lawful for the Governor to pay such sum into Court to
an account to be entitled in the matter of this Ordinance and of the
person entitled thereto,or,if such person is unknown,to some title
indicating the amount paid in and the source from which it is
derived.
18.Where any such sum is paid into Court as aforesaid-
(1.)the receipt of the Registrar of the Court shall be a complete
discharge to the Governor therefor;and
(2.)notice of such payment shall be forthwith published by the
Registrar in The Gazette and in one or more of the local daily
newspapers,and,until the same is paid out,shall be re-published
annually.
19.Any person entitled to any sum paid into Court or alleging that
he is entitled thereto,either on his own behalf or on behalf of any
other person as trustee or otherwise,may apply to the Court for the
payment out or for the disposal tehreof as hereinafter mentioned.
20.-(1.)The costs of any application to the Court may,in the
discretion of the Court,be paid out of the fund in respect of which the
application is made,and the Court may order any person who makes
an unsuccessful application or who opposes an application unsuccess- fully to pay the costs of the opposite party or may make no order as to
costs,as it may think fit.
(2.)If in any case the Court is of opinion that any money paid into
Court under section 17 ought not to have been paid into Court,the
Court may,on any application for the payment out of such moneys,
award costs against the Crown.
(3.)No fees of Court shall be payable on the payment into Court of
any moneys under the said section 17 or on the payment out of any
such moneys.
21.-(1.)The Court may make such rules and regulations for the
procedure to be adopted in relation to such application,as to the manner
of making the same, as to the service of notice of the application,and
as to the method in whcih evidence on such application may be given
or taken,and generally in relation to such applications as to it may
seem fit.
(2.)Such rules and regulations shall be binding when published in
The Gazette.
22.Every sum paid into Court under seciton 17 may be paid out
and applied as follows:-
(1.)in payment to any person becoming absolutely entitled there-
to;or
(2.)in payment thereof or any part therreof,or of the income thereof,
to the guardian,trustee,or committee of the estate of any person
entitled thereto who is under disability or otherwise unable to give
a legal discharge therefor;or
(3.)in the purchase of other lands to be conveyed and settled upon
the like trustee and purposes and in the same manner as the lands
in respect of which the sum which has been paid stood settled;or
(4.)in payment of any mortgage,legal or equitable,on any land
resumed under this Ordinance in respecy of which the sum has
been paid into Court;or
(5.)where a sum has been paid into Court to the account of an owner
who cannot be found or is absent from the Colony or of a person
unknown,in payment to the Colonial Treasurer,for the use of the
Crown,after the expiration of five years from the date of payment
in:Proivided no application is pending for payment out of such
fund,and provided satisfactory proof is adduced of the due pub-
lication of the notice of the payment in Court in accordance with
seciton 18 (2.)
23.All sums of money awarded by the Board and all costs awarded
against the Crown shall be paid as soon as practicable after the award
has been published,and all sums of money (exclusive of costs) shall bear interest at the rate of seven per cent, from the 1st day of June,1894,until
payment either to the persons entitled thereto or into Court as aforesaid.
24.All sums paid into Court may be invested in such manner as a
Judge of the Court may,of his own motion or on the application of
any person interested therein,direct.
25.Nothing in this Ordinance shall be deemed to affect any agree-
ment arrived between the Crown or the Governor and the owner of
any land resumed hereunder for the payment of any compensation,
before the final award of the Board and the publication thereof.
26.The Governor may,by private contract,exchange any other
lands for any lands resumed under this Oridnance,on such terms and
conditions as to the payment of the difference in the value thereof and
otherwise as he may think fit,and may execute all such deeds and
documents as may be necessary in that behalf.
27.All sums required for the purposes of this Ordinance for com-
pensation or costs of arbitration as against the Crown shall be borne
and paid out of the public funds of the Colony,or may be raised,
provided for,or paid by public loan or in such other manner as may be
authorized by Ordinance.
28.No action or suit shall be commenced or lie,or,if commenced,
shall be continued,against the Crown,or against the Sanitary Board or
any Committee thereof,or against any person whomsoever for any loss
or damage incurred by or resulting to any person by reason-
(1.)of the removal ,either before or after the commencement of this
Ordinance,of the occupants of any house or part of a house,closed
by orders of the Sanitary Board,or of the loss of any rent
occasioned thereby,within the said area of the Taipingshan Dis-
trict;or
(2.)of the shutting up or closing of any houses or streets,either
before or after the commencement of this Ordinance,by order of
the Sanitary Board,within the said area of the Taipingshan
District;or
(3.)of the destruction or removal of or of the damage,either before
or after the commencement of this Ordinance,to any furniture,
fittings,mezzanine floors,cocklofts,partitions,or articles in any
house closed or disinfected by orders of the Sanitary Board hereby
resumed,provided such destruction,removal,or damage occurred
during teh prevalence of the Bubonic Plague or during any opera-
tions which were necessary or deemed necessary for the cleansing
and disinfecting of any such houses,either before or after the
commencement of this ordinance;or
(4.)of any loss of rent whatever in respect of any lands resumed
under this Ordinance.
29.Nothing in this Ordinance shall prejudice or interfere with the
right of the Crown to recover payment of five-sixths of the Crown rent
payable in respect of any land resumed under this Ordinance for the
half-year ending the 24th day of June,1894,or two-thirds of any
rates or taxes for the quarter ending the 30th day of June,1894,or of
any owner or landlord to claim from his assignees,sub-lessees,or tenants
any sums payable to him in respect of Crown rents or taxes to the said
dates,under any assignment,lease,or agreement,or to interfere with
the rights or remedies of any owner or landlord for damages for the
breach,or non-observance,or non-performance,prior to the 1st day of
June,1894,of any convenant ir contract entered into by any assignee,
sub-lessee,or tenant in reference to any land or house and not rendered
incapable of performance by the resumption under this Oridnance of the
land or house.
30.-(1.) If before, or within six months after, the commencement
of this Ordinance, the Sanitary Board or any Committee thereof certifies
to the Governor, in writing under the hand of its chairman, that nay
houses within the City of Victoria, other than the lands and buildings
hereby resumed, have been closed and shut up by the order of the
Sanitary Board, or by the order of any Committee thereof, by reason of
their insanitary condition and for the purpose of preventing the spread
of the Bubonic Plague, and that it is expedient that such buildings
should be destroyed and demolished and the sites whereon they stand
resumed by the Crown, then and in such case it shall be lawful for the
Governor, with the advice and consent of the Legislative Council, after
the commencement of this Ordinance, by notification published in The
Gazette, to declare the resumption of such lands and buildings by the
Crown, and, on such publication, such lands and buildings shall revert
to and become vested in the Crown from the date specified in and
by such notification, and all the rights of the owner and persons
interest in, to, or over the same shall absolutely cease and
determine.
(2.) Such notification shall contain a schedule describing the lands
and buildings resumed in a form similar to the First Schedule to this
Ordinance, and, onthe publication thereof, all the provisions of this
Ordinance shall mutatis mutandis apply to the property mentioned in
such Schedule and to the owners or persons interest therein, and the
Board hereby constituted shall have the same powers, authorities, and
duties in connexion therewith as hereinbefore provided in respect of the
lands and buildings described in the First Schedule to this Ordinance,
except that the Board shall not make teh inquiry mentioned or exercise
the powers given in section 6 until such time as may be convenient and
as may be fixed by the Chairman,and except that the Land Officer
shall perform the duty prescribed by section 4 immediately on the
publication of the notification in The Gazette declaring the land
resumed.
SCHEDULES.
THE FIRST SCHEDULE.
LIST OF LOTS OF LAND RESUMED.
Inland Lot Numbers and
Descriptions. Owner's Names.
206,Section A,Sub-section No.1 Ip Nam.
206,Section A,Remaining Portion Le Kwonk Sau.
206,Remaining Portion William Neish Bain.
206A,Section A Nanabhoy Rustomjee Billimoria,Dada-
bhoy Dhunjibhoy Billimoria,and
Bhai Jivanjee.
206A,Section A of Remaining Por-
tion Tang Pak Shan.
206A,Remaining Portiob Cheong Kai.
239 Chan Kam I.
239A Ho Tung.
239B Ditto.
239C Lam Hung Kwan.
240 Mary Ayow Caldwell,(Executrix of
Daniel Richard Caldwell,deceased).
240A Ng Man Yin.
241 Ng Yuk.
241A Wong Mui.
241B Ip Nam.
241C Ditto.
242 Lee Tal,(Executor of Lee Choong,
deceased).
242A Ditto.
242B Ma King Yip.
243 Cheung Kam Tin,Leung Yuk Ming,
Wong Sik Chuen,and Fu Yap Lam,
(Executors of Chung Ying Choy,
deceased.)
243A Ditto.
243B Kwok Ying.
243C Ditto.
243D Ditto.
Inland Lot Numbers and
Descriptions. Owners' Names.
243E Lee King.
243F Lee Tak,(Executor of Lee Choong,
deceased).
244 Leung Tat Tin.
244A Choong Aeen.
244B Yuen Yew Cheong and Yuen Yew
Tin.
244C Ditto.
244D The Hongkong,Canton,and Macao
Steam-boat Company,Limited.
244E Lo Kum Chune.
244G Mary Ayow Caldwell,(Executrix of
Daniel Richard Caldwell,deceased).
245 Chan Kwei.
245D Chun Kwai.
245E Clement Palmer.
245F Ditto.
245G Chung Tsau.
262 Ma King Yip.
263,Section A Ip Nam.
263,Section B William Neish Bain.
263,Remaining Portion Ma King Yip.
264,Section A,Sub-section No.1 Wiliam Neish Bain.
264,Section A,Remianing Portion Ditto.
264,Remaining Portion Ma King Yip.
265,Section A, John Chalmers,Wong Yuk Cho,Ho
Kan Pu,Fung Fu,Lai Ful Chi,
Ko Cheul Shing,and Tong Kam
Chan.
265,Section B Wong Ka Pat.
265,Section C The Hongkong,Canton,and Macao
Steam-boat Company,Limited.
265,Remaining Portion The Hongkong Fire Insurance Com-
pany,Limited.
271,Section A,Sub-section No.1 Tam Hoi Chau.
271,Section A,Remaining Portion Chan Kwei Kam.
271,Sub-section No.1 of Section A
of remaining Portion Cheang Hon and Hu Pan.
271,Section B of Remaining Portion Loo Pun Wa.
271,Section C of Remaining Portion Wong Sow.
271,Remaining Portion Ip Sham Tin.
272 Lau Chin Ting and Fung Su. Inland Lot Numbers and
Descriptions. Owners' Names.
273,Section A,Sub-section No.1 Tang Ki,(Administrator of the estate
of Tang Mun,deceased).
273,Section A,Sub-section No.2 Tam Hoi Chau.
273,Section A, Remaining Portion Chan Kwei Kam.
273,Remaining Portion Li Sing.
274 Tam Sai Tong.
277 Ho Sun To.
278,Section A,Sub-section No.1 Victor Hobart Deacon,(Trustee).
278,Section A,Sub-section No.2 Ditto.
278,Section A,Remaining Portion Ng Sun Yiu.
278,Remaining Portion Yu Chew Ham.
279,Section A Alfred John May.
279,Section B Chan A-San.
279,Remaining Portion Chow A-Yoong.
280,Section A Charlotte Page Hance.
280,Section B Chung Tuk Hok.
280,Section C and Remaining Portion Tang Pak Shan.
355 Yeong Nai On.
361 The Tung Wa Hospital.
383 U Lai Un,(Administrator of the
Estate of Woo Man Chow,deceased).
399 Leong Tak.
400,Section A Wy Yok Ting.
400,Section B Mathias Antonio D'Azevedo,(Ex-
ecutor of Manoel da Silva,deceased).
400,Section C Augusto Cezar Botelho,(ADminis-
trator of the Estate of Alberto
Antonio Botelho,deceased).
400,Section D Chan King Ting.
400,Remaining Portion Ditto.
401 Tam Sai Tong.
402,Section A Lam Hung Kwan,(Executor of Lam
Sow,deceased).
402,Remaining Portion Lumbah.
403,Section A Tang Tsz On.
403,Section B,Sub-section A Tune Sui,Yune Yuk Fong,and Yune
King Mun.
403,Section B,Remaining Portion Ditto.
403,Remaining Portion Tang Tsz On.
404,Section A Maria Stella, Luigia Frigerio,and
Theodora Lucian.
404,Remaining Portion Vlaentin Antonio do Rozario and Mar-
ciano Antonio Baptista,(Executors
of Rafael Arcanjo Rozario,deceased). Inland Lot Numbers and
Description. Owners' Names
405 The Procurator in Hongkong for the
Dominican Missions in the Far East.
406,Section A Yu Sui Hum.
406,Remaining Portion John Hughes Lewis and Charles David
Wilkinson.
407,Section A Hui Shun Chuen,Chan Pui,and Yuen
Kam.
407,Section B Ho Chan Shi.
407,Remaining Portion Yune Sui,Yune Yuk Fong,and Yune
King Mun.
420 The Procurator in Hongkong for the
Sominican Missions in the Far East.
421 Ditto.
422 Cheong Assow.
570 Ditto.
571 Ditto.
572 Ditto.
592 Cheng Luk.
593 Ditto.
594 The Hongkong,Canton,and Macao
Steam-boat Company,Limited.
595 Tang Pak Shan.
596 Alfred Bulmer Johnson,(Adminis-
trator of the Estate of Richard
Young,decease).
597 Ditto.
599 Bruce Shepherd,(Administrator of the
Estate of Robert Jones,deceased).
600,Section A The Hongkong,Canton,and Macao
Steam-boat Company ,Limited.
600,Section B Chan Piu,Yune Shi Kan,and Hui
Shun Chune.
600,Remaining Portion Li Fung Shan.
701 Ng A-Kue.
701A Dominico Musso.
702A Tam Sai Tong.
1238 Clement Palmer.
1314 Chung Tok Hok. THE SECOND SCHEDULE.
LIST OF PUBLIC STREETS,ETC.,RESUMED.
Name. Part resumed.
Bridges Street From the West side of Ladder Street
to Tank Lane.
Caine Lane From Upper Station Street to the
South side of Market Street.
East Street From the South side of Taipingshan
Street to Taipingshan Market.
Market Street The whole.
Pound Lane From the South side of Taipingshan
Street to the North side of Rutter
Street.
Rozario Street All except that portion which runs
along the extent of the Northern
boundary of Inland Lot No. 700.
Square Street From the South side of Taipingshan
Street to Market Street.
Station Street The whole.
Taiping Lane The whole
Tank Lane From the South side of Square Street
to Caine Lane.
Upper Station Street From the South side of Taipingshan
Street to No.8 Police Station.
A Lane or Passage running parallel
to Taipingshan Street on its South
side from Square Street West-
wards The whole.
A Lane or Passage running parallel
to Square Street On its West side from the last-men-
tioned Lane.
A Lane or Passage forming the East
boundary of Inland Lot No. 263 The whole.
THE THIRD SCHEDULE.
FORM OF MEMORIAL OF RESUMPTION.
A.D. 1894. Ordinance No. 8 of 1894. Short title. Interpretation of terms. Resumption of certain specified lots of land. First Schedule. Second Schedule. Registration of memorials of resumption. Third Schedule. Constitution of Board of Arbitration for awarding compensation for lands resumed. Duties of Board. No house to be altered, etc., pending survey, etc. Making of claim for compensation. Barring of claim after six months. Powers of Board. Form and service of notice by Board, etc. No appeal from decision of majority of Board. Mode of determining claim for compensation of owner. Mode of determining claim for compensation of sub-lessee and tenant. Contents of award. Publication of award. Provision for payment into Court of sums payable to persons under disability, etc. Procedure on making of payment into Court. Costs of application for payment out of Court. Power of the Court to make rules of procedure, etc. Application of moneys paid into Court. Sums awarded to bear interest until payment. Investment of sums paid into Court. Saving as to agreements for compensation. Powers of exchange. Funds out of which compensation, etc., to be paid. Barring of actions against the Crown, etc., for certain matters. Saving of remedies of the Crown for rent and taxes and of owner or landlord for rent and taxes. Application of the Ordinance to other properties. Section 3. Section 3. Section 4.
Abstract
A.D. 1894. Ordinance No. 8 of 1894. Short title. Interpretation of terms. Resumption of certain specified lots of land. First Schedule. Second Schedule. Registration of memorials of resumption. Third Schedule. Constitution of Board of Arbitration for awarding compensation for lands resumed. Duties of Board. No house to be altered, etc., pending survey, etc. Making of claim for compensation. Barring of claim after six months. Powers of Board. Form and service of notice by Board, etc. No appeal from decision of majority of Board. Mode of determining claim for compensation of owner. Mode of determining claim for compensation of sub-lessee and tenant. Contents of award. Publication of award. Provision for payment into Court of sums payable to persons under disability, etc. Procedure on making of payment into Court. Costs of application for payment out of Court. Power of the Court to make rules of procedure, etc. Application of moneys paid into Court. Sums awarded to bear interest until payment. Investment of sums paid into Court. Saving as to agreements for compensation. Powers of exchange. Funds out of which compensation, etc., to be paid. Barring of actions against the Crown, etc., for certain matters. Saving of remedies of the Crown for rent and taxes and of owner or landlord for rent and taxes. Application of the Ordinance to other properties. Section 3. Section 3. Section 4.
Identifier
https://oelawhk.lib.hku.hk/items/show/678
Edition
1901
Volume
v2
Cap / Ordinance No.
No. 2 of 1894
Number of Pages
17
Files
Collection
Historical Laws of Hong Kong Online
Citation
“TAIPINGSHAN RESUMPTION ORDINANCE, 1894,” Historical Laws of Hong Kong Online, accessed December 27, 2024, https://oelawhk.lib.hku.hk/items/show/678.
