NEW TERRITORIES (LAND COURT) ORDINANCE, 1900
Title
NEW TERRITORIES (LAND COURT) ORDINANCE, 1900
Description
ORDINANCE NO. 4 OF 1900
New Territories (Land Court)
AN ORDINANCE to faclitate the hearing Determination and
Settlement of Land Claims in the New Territories to
establish a Land Court in connexion therewith and for
other purposes
[23rd july 1900.]
Be it enancted by the Governor of Hopng Kong with the advice and
consent of the Legistrative Council thereof as follows:
1.-(1) This Ordinance may be cited as the New Territories (Land
Court) Ordinance 1900
(2) This Ordinance shall only apply to the New Territories and to
claims in relation to Lanfd therein
2 In this Ordinance unless th econtext otherwise requries
The Court means the Land Court constituted under this Ordinance
and includes any member thereof acting alone in matters
where one member has jurdisdiction confered upon him by this
Ordinance
The Registrar means the Registrar of the Court
'Land 'includes building thereon and also land covered
with
water or within the flow of the sea
'claims in relation to Land' incudes a claim to a right of common
\or other profit or benfit or to any easement or 9other interest from
in upon or over or in respect of any land
'The New Territories' mean the additional territories acquried by
this Colony under the Convention dated the 9th day of june 1898
between Her Majestry Queen victoria and His Imperial Majestry
the Emperor of China for the enlargement of the limits of this
Colony including the city of Kowloon.
3.All claims in relation to land in the New Territories shall subject
to the provisions of this Ordinance and notwithsatanding any prevision
registration be heard and determination by a land Court which shall con-
sist of two members namely a President an done other member to be
appointed by the Governor Provided always that one member of
the Court sitting alone shall have jurdiction to hear andfinally
determine
(1)any undisputed claim
(2)any disputed claim in which the value of the claim does not in
the opinion of such member exceed five hundred dollars and
(3) any disputed claim in which the parties consent to have such
claim determined by one member provided also that in case of
a difference of opinion when both members are sitting together the
decision ofthe President shall prevail
4.(1) there shall be a Registrar of the Court to be appointed by
the Governor
(2)The registrar shall keep a record of all proceedings and decisions
of the Court recieve all claims and communications to the Court and
issue all orders and directions of the Court
5.The Court or any member therof shall for the purpose of this
Ordinance have th efollowing powers
(1) to direct within what time claims in relation to land in any
specified place village or district in the New Territories shall be
presented to the Court and in what from and manner such claims
are to be pressented;
(2)to cause to be advistised or publicly notified in any place village
or district in the New territories and in such manner as the Court
may direct notice of the time within which such claimsmust be
made and the form and manner if making such claims
(3)to fix the datyes and timesan dplaces for the hearing of such
claims and to cause notice of such dates and times and places to be
given to claims an
(b.)compelling the production of documents;
(c.)punishing persons guilty of contempt of the Court or of any
order of the Court;
(d.)ordering insepction of property;and
(e.)making and enforcing any order which may be necessary to
the proper hearing and determination of any question before the
Court.
(2.)The Court may exercise all or any of such powers for the purposes
of any claim before the Court to the same extent as the Supreme Court
might exercise them or any of them for the purposes of any action or
suit.
8.The Court may,if it thinks fit,approve and give effect to any
compromise or arrangement arrived at with reference to any claim in
relation to land,irrespective of the strict rights and obligations of the
parties.
9.In the event of any claimant failing,after such notice has been
given to him or to some person on his behalf as the Court considers in
each particular case to be sufficient,to do one or other of the following
things,namely,-
(1.)to point out or to cause to be pointed out clearly to an officer
deputed by the Court the coundaries of the land,and,if he ius
required to do so,to mark out clearly with boundary marks,to the
satisfaction of the Court,the limits of the land,which he claims or
in,upon,or over or in respect of which he claims rights;or
(2.)to appear in Court to prosecute his claim,
the COurt may,if in its discretion it thinks fit,dismiss the claim of such
claimant absolutely.
10.-(1.)Where the circumstances of the case are such that the Court
deems it right and expedient that the expenses of any party or witness
should be paid by any other party making or opposing any claim heard
and determined under this Ordinance,the Court may fix the amount of
such expenses and may order payment thereof to be made by such other
party accordingly.
(2.)Such order may be enforced in the same manner as a similar
order of the Supreme Court can be enforced.
11.Any member of the Court shall,for the purposes of any inquiry,
have power to enter and view any premises or property,and also to
authorize any person nominated by such member to enter and view any
premises or property for the like purposes.
12.If it appears to the Court that any witness has committed wilful
and corrupt perjury,the COurt may,for the purpose of punishing such
perjury,exercise powers similar to and to the same extent as those con-
ferred upon the Supreme Court by section 31 of the Supreme Court
Ordinance,1873,for the punishment of perjury in any cause,action,or
suit.
13.Any summons,order,warrant,or direction of the Court shall be
deemed to be duly made with the authority of the COurt if signed by
the Registrar,and any such summons,order,warrant,or direction so
issued in connexion with and for the purposes of any claim shall be
equivalent to any form of summons,order,warrant,or direction issued
in any action or suit in the Supreme Court for enforcing the attendance
of witnesses,or compelling the production of documents,or otherwise
for the purposes of any action or suit.
14.No barrister,proctor,attorney,or solicitor shall be permitted to
appear on behalf of any party on any case before the Court,except by
the special permission of the Court.
15.The Court may allow or disallow any claim in relation to land or
allow the same as to part thereof,or for such period,or at such rent,and
on such other conditions as may appear to the Court to be equitable and
just.
16.-(1.)In every case where the Court allows the claim or part
of the claim,such claim and its allowance shall be reported by the
Registrar to the Governor in due course,in order that a little appropriate
to the case may be granted.
(2.)If,however,in any particular instance,the Governor deems it
inexpedient,having regard to the public interests of the Colony,that
such title should be granted,the matter shall be referred back to the
Court to decide what compensation shall be paid to the claimant or
claimants,and the amount awarded by the Court shall be paid by the
Government to such person or persons as the Court may direct.
(3.)The decision of the Court as to the amount of compensation shall
be final.
17.All land in the New Territories is hereby declared to be the
property of the Crown,during the term specified in the Convention of
the 9th day of June,1898,hereinbefore referred to,and all persons in
occupation of any such land,after such date as may be fixed by the
Governor by notification in The Gazette,either generally or in repsect of
any specified place,village,or district,shall be deemed trespassers as
against the Crown,unless such occupation is authorized by grant from
the Crown,or by other title allowed by the Court under this Oridnance,
or by licence from the governor or from some Government officer having
authority to grant such licence,or unless a claim to be entitled to such occupation has been duly presented to the Court and has not been with-
drawn or heard and disallowed.
18.-(1.)Whenevre the Governor-in-Council decides that the acquisi-
tion of any land in the New Territories,the ownership of which has not
been determined by the Court,is required in the public interests,it shall
be lawful for the Governor to proclaim,by notification in The Gazette,
that such land is required by the Government,and such land shall forth-
with revert to the Crown and all rights of every claimant,his assigns or
representatives,and of every other person in,upon,or over or in respect
o such land or any part thereof shall thenceforth absolutely cease and
determine:Provided,nevertheless,that the Court shall proceed in due
course to hear and determine every claim in relation to such land as if
such land had not been acquire under this section,and that sich claim
or claims,if allowed,and its or their allowance shall be reported to the
Governor,who shall thereupon refer the matter back to the Court to
decide and award that compensation shall be paid to the claimant or
claimants and in what manner such compensaion shall be apportioned
between the different claimants if there are more than one,and the
amount so awarded by the Court as compensation,together with interest
thereon at the rate of seven per cent. per annum from the date of the
reverting of the land to the Crown,shall be paid by the Government to
such person or persons as the Court may direct.
(2.)The decision of the Court as to the amount of compensation shall
be final.
19.-(1.)In case any claimant is dissatisfied with the decision of the
Court and the Court certifies that the value of the claim is over five
thousand dollars,he may,within fourteen days from the date of such
decision,apply to the Chief Justice of the Supreme Court for leave to
appeal to the Full Court,and the Chief Justice may grant such leave on
such terms as to notice,costs,and other matters as he may,in his dis-
cretion,think fit.
(2.)If leave to appeal if granted,such appeal shall be heard by the
Full Court.
(3.)The procedure to be followed on appeals and the hearing thereof
shall be,as nearly as may be,the same as is from time to time laid
down by law in the case of appeals from the Puisne Judge to the Full
Court.
(4.)No writ of certiorari shall lie with regard to the proceedings of
the Court.
20.Titles to be granted under this Ordinance shall be in such form
or forms as may from time to time be directed by the Governor. 21. In any case where land in the New Teritorities is held under an
agreement to pay rent in produce, it shall be lawful for the tenant of
such land to pay rent in money instead of such rent in produce, according
to a rate which shall be fixed each year by the Governor-in-Council
and published in The Gazette, as fair commutation price of such
produce.
22. In any case where land in the New Territories is held under an
agreement to pay rent in produce in perpetuity, it shall be lawful for
the person who is liable to pay such rent iether to pay an annual rent in
money, instead of in produce, at a rate to be fixed in the maner provided
by the last preceding section or, with the consent of the Court, to
redeem his liability to pay such rent by paying to such person as the
Court may direct capital sum of money as the court may, under
all the circumstances of the case, consider to fair and reasonable.
23. (1.) From and after the commencement of this Ordinance, no
rent in produce shall be reserved in any agreement for the occupation
of land in the New Territories.
(2.) If any rent in produce is so reserved after the said date, then such
rent shall not be recoverable in any court of law or by any legal process
or proceedings.
24. The Governor shall have power from time to time ot appoint such
other offocers as he may deem necessary to asisst the Court in the execution
of its duties, powers, and authorities, and shall also have power to
revoke any appointment made under this Ordinance at any time, and
also, if he deems it necessary, to make any new appointment in lieu
thereof.
25. When, in the opinion of the Governor, the work for which the
Court was constituted has been performed, the Governor may by notification
to be published in The Gazette, declare that the Cpurt shall cease to
exist from such date as may be specified in such notification, and thereupon
the Court shall cease to exist accordingly, and all appointments
made under this Ordinance then wxisting shall cease and determine.
A.D. 1900. Ordinance No. 18 of 1900, with Ordinance No. 27 of 1901 incorporated. Short title and application. Interpretation of terms. Constitution of Land Court for hearing and determination of claims in relation to land in New Territories. Appointment of Registrar. Powers of Court or member thereof. Power to Registrar to summon persons to give information in connexion with claim. Further powers of Court or member thereof. Power to give effect to compromise of claim. Power to dismiss claim on failure of claimant to do certain thing. Expenses of witnesses. Power to enter and view property. Power of Court with respect to witness committing perjury. No. 3 of 1873. Signing and effect of summons, order, etc. Exclusion of legal practitioners, except with permission. Allowance or disallowance of claim. Grant of title where claim allowed. Vesting of land of New Territories in the Crown, and consequence thereof. Power to acquire land for public purposes subject to compensation. Right of appeal from decision of Court, and procedure thereon. See Ordinance No. 3 of 1901, chap. 28. Form of title. Payment of rent in money instead of in produce.
Redemption of perpetual rent in produce, or substitution of annual rent in money.
No rent in produce to be reserved after commencement of the Ordinance.
Appointment, etc., of officers to assist Court.
Dissolution of Court when no longer required.
New Territories (Land Court)
AN ORDINANCE to faclitate the hearing Determination and
Settlement of Land Claims in the New Territories to
establish a Land Court in connexion therewith and for
other purposes
[23rd july 1900.]
Be it enancted by the Governor of Hopng Kong with the advice and
consent of the Legistrative Council thereof as follows:
1.-(1) This Ordinance may be cited as the New Territories (Land
Court) Ordinance 1900
(2) This Ordinance shall only apply to the New Territories and to
claims in relation to Lanfd therein
2 In this Ordinance unless th econtext otherwise requries
The Court means the Land Court constituted under this Ordinance
and includes any member thereof acting alone in matters
where one member has jurdisdiction confered upon him by this
Ordinance
The Registrar means the Registrar of the Court
'Land 'includes building thereon and also land covered
with
water or within the flow of the sea
'claims in relation to Land' incudes a claim to a right of common
\or other profit or benfit or to any easement or 9other interest from
in upon or over or in respect of any land
'The New Territories' mean the additional territories acquried by
this Colony under the Convention dated the 9th day of june 1898
between Her Majestry Queen victoria and His Imperial Majestry
the Emperor of China for the enlargement of the limits of this
Colony including the city of Kowloon.
3.All claims in relation to land in the New Territories shall subject
to the provisions of this Ordinance and notwithsatanding any prevision
registration be heard and determination by a land Court which shall con-
sist of two members namely a President an done other member to be
appointed by the Governor Provided always that one member of
the Court sitting alone shall have jurdiction to hear andfinally
determine
(1)any undisputed claim
(2)any disputed claim in which the value of the claim does not in
the opinion of such member exceed five hundred dollars and
(3) any disputed claim in which the parties consent to have such
claim determined by one member provided also that in case of
a difference of opinion when both members are sitting together the
decision ofthe President shall prevail
4.(1) there shall be a Registrar of the Court to be appointed by
the Governor
(2)The registrar shall keep a record of all proceedings and decisions
of the Court recieve all claims and communications to the Court and
issue all orders and directions of the Court
5.The Court or any member therof shall for the purpose of this
Ordinance have th efollowing powers
(1) to direct within what time claims in relation to land in any
specified place village or district in the New Territories shall be
presented to the Court and in what from and manner such claims
are to be pressented;
(2)to cause to be advistised or publicly notified in any place village
or district in the New territories and in such manner as the Court
may direct notice of the time within which such claimsmust be
made and the form and manner if making such claims
(3)to fix the datyes and timesan dplaces for the hearing of such
claims and to cause notice of such dates and times and places to be
given to claims an
(b.)compelling the production of documents;
(c.)punishing persons guilty of contempt of the Court or of any
order of the Court;
(d.)ordering insepction of property;and
(e.)making and enforcing any order which may be necessary to
the proper hearing and determination of any question before the
Court.
(2.)The Court may exercise all or any of such powers for the purposes
of any claim before the Court to the same extent as the Supreme Court
might exercise them or any of them for the purposes of any action or
suit.
8.The Court may,if it thinks fit,approve and give effect to any
compromise or arrangement arrived at with reference to any claim in
relation to land,irrespective of the strict rights and obligations of the
parties.
9.In the event of any claimant failing,after such notice has been
given to him or to some person on his behalf as the Court considers in
each particular case to be sufficient,to do one or other of the following
things,namely,-
(1.)to point out or to cause to be pointed out clearly to an officer
deputed by the Court the coundaries of the land,and,if he ius
required to do so,to mark out clearly with boundary marks,to the
satisfaction of the Court,the limits of the land,which he claims or
in,upon,or over or in respect of which he claims rights;or
(2.)to appear in Court to prosecute his claim,
the COurt may,if in its discretion it thinks fit,dismiss the claim of such
claimant absolutely.
10.-(1.)Where the circumstances of the case are such that the Court
deems it right and expedient that the expenses of any party or witness
should be paid by any other party making or opposing any claim heard
and determined under this Ordinance,the Court may fix the amount of
such expenses and may order payment thereof to be made by such other
party accordingly.
(2.)Such order may be enforced in the same manner as a similar
order of the Supreme Court can be enforced.
11.Any member of the Court shall,for the purposes of any inquiry,
have power to enter and view any premises or property,and also to
authorize any person nominated by such member to enter and view any
premises or property for the like purposes.
12.If it appears to the Court that any witness has committed wilful
and corrupt perjury,the COurt may,for the purpose of punishing such
perjury,exercise powers similar to and to the same extent as those con-
ferred upon the Supreme Court by section 31 of the Supreme Court
Ordinance,1873,for the punishment of perjury in any cause,action,or
suit.
13.Any summons,order,warrant,or direction of the Court shall be
deemed to be duly made with the authority of the COurt if signed by
the Registrar,and any such summons,order,warrant,or direction so
issued in connexion with and for the purposes of any claim shall be
equivalent to any form of summons,order,warrant,or direction issued
in any action or suit in the Supreme Court for enforcing the attendance
of witnesses,or compelling the production of documents,or otherwise
for the purposes of any action or suit.
14.No barrister,proctor,attorney,or solicitor shall be permitted to
appear on behalf of any party on any case before the Court,except by
the special permission of the Court.
15.The Court may allow or disallow any claim in relation to land or
allow the same as to part thereof,or for such period,or at such rent,and
on such other conditions as may appear to the Court to be equitable and
just.
16.-(1.)In every case where the Court allows the claim or part
of the claim,such claim and its allowance shall be reported by the
Registrar to the Governor in due course,in order that a little appropriate
to the case may be granted.
(2.)If,however,in any particular instance,the Governor deems it
inexpedient,having regard to the public interests of the Colony,that
such title should be granted,the matter shall be referred back to the
Court to decide what compensation shall be paid to the claimant or
claimants,and the amount awarded by the Court shall be paid by the
Government to such person or persons as the Court may direct.
(3.)The decision of the Court as to the amount of compensation shall
be final.
17.All land in the New Territories is hereby declared to be the
property of the Crown,during the term specified in the Convention of
the 9th day of June,1898,hereinbefore referred to,and all persons in
occupation of any such land,after such date as may be fixed by the
Governor by notification in The Gazette,either generally or in repsect of
any specified place,village,or district,shall be deemed trespassers as
against the Crown,unless such occupation is authorized by grant from
the Crown,or by other title allowed by the Court under this Oridnance,
or by licence from the governor or from some Government officer having
authority to grant such licence,or unless a claim to be entitled to such occupation has been duly presented to the Court and has not been with-
drawn or heard and disallowed.
18.-(1.)Whenevre the Governor-in-Council decides that the acquisi-
tion of any land in the New Territories,the ownership of which has not
been determined by the Court,is required in the public interests,it shall
be lawful for the Governor to proclaim,by notification in The Gazette,
that such land is required by the Government,and such land shall forth-
with revert to the Crown and all rights of every claimant,his assigns or
representatives,and of every other person in,upon,or over or in respect
o such land or any part thereof shall thenceforth absolutely cease and
determine:Provided,nevertheless,that the Court shall proceed in due
course to hear and determine every claim in relation to such land as if
such land had not been acquire under this section,and that sich claim
or claims,if allowed,and its or their allowance shall be reported to the
Governor,who shall thereupon refer the matter back to the Court to
decide and award that compensation shall be paid to the claimant or
claimants and in what manner such compensaion shall be apportioned
between the different claimants if there are more than one,and the
amount so awarded by the Court as compensation,together with interest
thereon at the rate of seven per cent. per annum from the date of the
reverting of the land to the Crown,shall be paid by the Government to
such person or persons as the Court may direct.
(2.)The decision of the Court as to the amount of compensation shall
be final.
19.-(1.)In case any claimant is dissatisfied with the decision of the
Court and the Court certifies that the value of the claim is over five
thousand dollars,he may,within fourteen days from the date of such
decision,apply to the Chief Justice of the Supreme Court for leave to
appeal to the Full Court,and the Chief Justice may grant such leave on
such terms as to notice,costs,and other matters as he may,in his dis-
cretion,think fit.
(2.)If leave to appeal if granted,such appeal shall be heard by the
Full Court.
(3.)The procedure to be followed on appeals and the hearing thereof
shall be,as nearly as may be,the same as is from time to time laid
down by law in the case of appeals from the Puisne Judge to the Full
Court.
(4.)No writ of certiorari shall lie with regard to the proceedings of
the Court.
20.Titles to be granted under this Ordinance shall be in such form
or forms as may from time to time be directed by the Governor. 21. In any case where land in the New Teritorities is held under an
agreement to pay rent in produce, it shall be lawful for the tenant of
such land to pay rent in money instead of such rent in produce, according
to a rate which shall be fixed each year by the Governor-in-Council
and published in The Gazette, as fair commutation price of such
produce.
22. In any case where land in the New Territories is held under an
agreement to pay rent in produce in perpetuity, it shall be lawful for
the person who is liable to pay such rent iether to pay an annual rent in
money, instead of in produce, at a rate to be fixed in the maner provided
by the last preceding section or, with the consent of the Court, to
redeem his liability to pay such rent by paying to such person as the
Court may direct capital sum of money as the court may, under
all the circumstances of the case, consider to fair and reasonable.
23. (1.) From and after the commencement of this Ordinance, no
rent in produce shall be reserved in any agreement for the occupation
of land in the New Territories.
(2.) If any rent in produce is so reserved after the said date, then such
rent shall not be recoverable in any court of law or by any legal process
or proceedings.
24. The Governor shall have power from time to time ot appoint such
other offocers as he may deem necessary to asisst the Court in the execution
of its duties, powers, and authorities, and shall also have power to
revoke any appointment made under this Ordinance at any time, and
also, if he deems it necessary, to make any new appointment in lieu
thereof.
25. When, in the opinion of the Governor, the work for which the
Court was constituted has been performed, the Governor may by notification
to be published in The Gazette, declare that the Cpurt shall cease to
exist from such date as may be specified in such notification, and thereupon
the Court shall cease to exist accordingly, and all appointments
made under this Ordinance then wxisting shall cease and determine.
A.D. 1900. Ordinance No. 18 of 1900, with Ordinance No. 27 of 1901 incorporated. Short title and application. Interpretation of terms. Constitution of Land Court for hearing and determination of claims in relation to land in New Territories. Appointment of Registrar. Powers of Court or member thereof. Power to Registrar to summon persons to give information in connexion with claim. Further powers of Court or member thereof. Power to give effect to compromise of claim. Power to dismiss claim on failure of claimant to do certain thing. Expenses of witnesses. Power to enter and view property. Power of Court with respect to witness committing perjury. No. 3 of 1873. Signing and effect of summons, order, etc. Exclusion of legal practitioners, except with permission. Allowance or disallowance of claim. Grant of title where claim allowed. Vesting of land of New Territories in the Crown, and consequence thereof. Power to acquire land for public purposes subject to compensation. Right of appeal from decision of Court, and procedure thereon. See Ordinance No. 3 of 1901, chap. 28. Form of title. Payment of rent in money instead of in produce.
Redemption of perpetual rent in produce, or substitution of annual rent in money.
No rent in produce to be reserved after commencement of the Ordinance.
Appointment, etc., of officers to assist Court.
Dissolution of Court when no longer required.
Abstract
A.D. 1900. Ordinance No. 18 of 1900, with Ordinance No. 27 of 1901 incorporated. Short title and application. Interpretation of terms. Constitution of Land Court for hearing and determination of claims in relation to land in New Territories. Appointment of Registrar. Powers of Court or member thereof. Power to Registrar to summon persons to give information in connexion with claim. Further powers of Court or member thereof. Power to give effect to compromise of claim. Power to dismiss claim on failure of claimant to do certain thing. Expenses of witnesses. Power to enter and view property. Power of Court with respect to witness committing perjury. No. 3 of 1873. Signing and effect of summons, order, etc. Exclusion of legal practitioners, except with permission. Allowance or disallowance of claim. Grant of title where claim allowed. Vesting of land of New Territories in the Crown, and consequence thereof. Power to acquire land for public purposes subject to compensation. Right of appeal from decision of Court, and procedure thereon. See Ordinance No. 3 of 1901, chap. 28. Form of title. Payment of rent in money instead of in produce.
Redemption of perpetual rent in produce, or substitution of annual rent in money.
No rent in produce to be reserved after commencement of the Ordinance.
Appointment, etc., of officers to assist Court.
Dissolution of Court when no longer required.
Redemption of perpetual rent in produce, or substitution of annual rent in money.
No rent in produce to be reserved after commencement of the Ordinance.
Appointment, etc., of officers to assist Court.
Dissolution of Court when no longer required.
Identifier
https://oelawhk.lib.hku.hk/items/show/729
Edition
1901
Volume
v2
Subsequent Cap No.
97
Cap / Ordinance No.
No. 4 of 1900
Number of Pages
6
Files
Collection
Historical Laws of Hong Kong Online
Citation
“NEW TERRITORIES (LAND COURT) ORDINANCE, 1900,” Historical Laws of Hong Kong Online, accessed November 17, 2024, https://oelawhk.lib.hku.hk/items/show/729.
