CROWN LANDS RESUMPTION ORDINANCE, 1900

CROWN LANDS RESUMPTION ORDINANCE, 1900

ORDINANCE NO.10 OF 1900.

Crown Lands Resumption

AN ORDINANCE to facilitate the resumption by the governor
of crown lands required for public purposes. [14th november, 1900]

WHEREAS it is expedient that the governor should be
empowered compulsorily to resume any crwon land, including
any building thereon, for any public purpose as defined by this ordinance;
and whereas it is expedient that the duty of determining the
compensation to be paid in respect of such resumptionn under this
ordinance should, notwithstanding any clause contained in crown
leases, be vested in a board of arbitrators:
BE it therefore enacted by the governor of hongkong, with the advice
and consent of the legislative council thereof, as follows:-
1 this ordinance may be cited as the crown lands resumption
ordinance, 1900.
2 in this ordinance, unless the context otherwise requires,-
'the board' means any board of arbitrators appointed from
time to time under this ordinance:
'land' means crown land of whatever description (whethr held
under crown lease or other title recognized by the crown), or any
part or section thereof, which is situated within the limits of the
colony as enlarged by the convention dated the 9th day of june,
1898, between her majesty queen victoria and his imperial
majesty the emperor of china, including the city of kowloon, and
includes buildings, if any, erected on suc hland or on any part or
section thereof:
'owner' means the person whose name is for the time being
registered i nthe land office of the colony in respect of any land
sought to be resumed under the provisions of this ordinance, or,
if such person is absent from the colony, or cannot be found, or the
bankrupt or dead, his agent or representative in the colony, or the
person entitled for the time being to have his name registered in
the said office in respect of such land or his agent or representative
in the colony:
the expression 'resumption for a public purpose' includes-
(1) resumption of insanitary property for the purpose of securing the erection of improved dwellings or buildings thereon or the
sanitary improvement of such property; and
(2) resumption of any land upon which any building is erected
which, by reason of it interferes with ventilation or otherwise makes
buildings, seriously interferes with ventilation or otherwise makes
or conduces to make such other buildings to be in condition unfit
for human habitation or dangerous or injurious to health; and
(3) resumption for any purpose connected with the naval or military forces of the
crown, including the volunteer force in this
colony; and
(4) resumption for any purpose of whatsoever description, whether
ejusdem generis with either of the above purposes or not, which
the Governor-in-Council may decide to be a public purpose.
3(1) whenever the Governor-in-Council decides that the resumption
of any land is required for a public purpose, it shall be lawful
for the governor to enter into private negotiations with the owner of
such land, or any other person having any proprietary interest therein,
for the purchase of such land and all right, title, and interest therein,
and, in case of the failure (in the opinion of the governor) of such
negotiations or in case it is not known who the owner is, to give notice
that such land will be resumed on the expiration of 4 months from
the publication of such notice, and that thereupon such compensation in
respect of such resumption will be paid as may be awarded in the manner
hereinafter provided.
(2) such notice shall be published in the gazette in english and
chinese, and copies thereof shall be affixed upon a conspicuous part of
the land to be resumed, and such publication shall be deemed to be notice
to the owner and to every person interest in the land or having any
right or easement therein.
(3) on the expiration of 4 months as aforesaid, the land shall revert to
the crown and all rights of the owner, his assigns or representatives,
or of any other person in or over the land or any part thereof
shall absolutely cease.
4 after the expiration of four months are aforesaid, a board of arbitrators shall
be appointed to determine the amount of compensation to be
paid in respect of such resumption, and the board shall in each case consist
of 3 members and be constituted in manner following; that is to
say,-
(1) the chairman of the board shall be such judge of the supreme
court as the judges may from time to time mutually arrange;
(2) the 2 other members of the board shall consist of one member
to be nominated by the governor and the other by the owner of the land resumed: provided always that the member nominated by the
governor may be the director of public works or any public officer;
(3) notice in writing of the nomination by the governor of a member
of the board shall be forthwith given to the owner by publication
in the gazette, and, if he does not nominate a member of the board
within 7 days from the date of such publication, it shall be lawful
for the chariman to nominate and appoint any person, other
than a member of the colonial civil service, on behalf of such
owner; and
(4) the governor may also appoint some person to act as clerk to the
board at such remuneration as he may think fit.
5 the constitution of the board shall be notified in the gazette, and
within 14 days from such notification the board shall commence
its sittings at such time and place as the chairman may, in and by such
notification or by any other notification in the gazette, appoint.
6 no action or suit shall lie either against the crown or against any
other person for any loss or damage resulting to any person from any
resumption of any land as aforesaid, but any person claiming compensation,
whether as owner or otherwise, by reason of such resumption
shall, before the commencement of the sittings of the board, tranmit to
the clerk of the board, if appointed or, if no clerk is appointed, to the
colonial secretary for transmission to the board, a written claim, stating
the nature of his right or interest in the land and the amount whic hhe
seeks to recover.
7 every claim shall be separately considered and adjudicated upon,
unless the parties otherwise agree.
8 the board, when constituted, shall have the following powers and
authorities, namely,-
(1) to determine the compensation to be paid in respect of such resumption or
in respect of the extinction of any right or easement
caused by such resumption, regard being had not only to the value
of the land taken and any buildings thereon but also to any damage
or injury resulting to the owner of the land resumed by reason of
the serverance 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 supreme
court; and (3) all such powers as are now or may be hereafter vested in
the supreme court of the colony or in any judge thereof on
the occasion of any action or suit in respect of the following
matters:-
(a) the enforcing the attendance of witnesses and examining them
upon oath or otherwise as it may think fit;
(b) the compelling the produciton of any documents;
(c) the punishing persons guilty of contempt;
(d) the ordering an inspection of any premises; and
(e) the entering upon and viewing of any premises.
9(1) when any property is rsumed under this ordinance, the
board, in determining the compensation to be paid and in estimating
the value of the land resumed and of any buildings thereon, may-
(a) take into consideration the nature and existing conidtion of the
property, and the probable duration of the buildings in their
existing state, and the probable duration of the buildings in their
existing state, and the state of repair thereof; and
(b) decline to make any compensation for any addition to or improvement of the
property made after the date of the publication
in the gazette of the notice of intended resumption (unless such addition
or improvement was necessary for the necessary for the maintenance of
the property in a proper state of repari):
provided that, in the case of any interst acquired after the date of
such publication, no separate estimate of the value thereof shall be made
so as to increase the amount of compensation.
(2) the board may also recive evidence to prove-
(a) that the rental of the building or premises was enhanced by
reason of the same being used as a brothel, or as a gaming house,
or for any illegal purpose; or
(b) that the house or premises is or are in such a condition as to be
a nuisance, within the meaning of any building ordinance, or
any ordinance relating to the public health, for the time being in
force in the colony, or is or are not in reasonably good repair; or
(c) that the house or premises is or are unfit, and not reasonably
capable of being made fit, for human habitation.
(3) if the board is satisfied by such evidence, then the compensation-
(a) shall, in the first case, so far as it is based on rental, be based
on the rental which would have been obtainable if the house or
premises had not been occupied as a brothel, or as a gaming
house, or for a illegal purpose; and
(b) shall, in the second case, be the amount estimated as the value
of the house or premises if the nuisance had been abated or if it or they had been put into reasonably good repair, after deducting
the estimated expense of abating the nuisance or putting it or
them into such repair, as the case may be; and
(c) shall, in the 3rd case, be the vaule of the land and of the
materials of the buildings thereon:
provided, also, that, where insanitary property is resumed for the
purpose of securing the erection of improved dwellings or buildings
thereon or the sanitary improvement of such property, no additional
allowance shall be made in respect of compulsory purchase. a certificate,
signed by the colonial secretary, to the effect that the property
was resumed as being insanitary and for the purpose mentioned in this
proviso shall be conclusive evidence thereof.
10(1) every notice udner the hand of the chairman of the board
may be substituted for and shall be equivalent ot any form of process
capable of being issued in any action or suit for enforcing the attendance
of witnesses or compelling theproduction of documents.
(2) any warrant of committal to prison issued for the purpose of enforcing
any such powers as aforesaid shall be under the hand of the
chairman and shall not authorize the imprisonment of any offender for
a period exceeding 3 months.
(3) every notice, order, or warrant of the board may be served and
executed in the same manner as notices, orders, and warrants of the
supreme court may be served and executed under the procedure for the
time being in force relating to civil actions or suits.
11(1) if, in the discharge of the duities devolving upon the board,
there occurs a difference of opinion between the members, the decision
of any 2 of them shall have the same force and effect as if all the
members had concurred therein.
(2) any decision arrived at the board or a majority thereof shall
not be subject to appeal and shall be final as regards all parts interested.
(3) no award of compensation made by the board with respect to
the resumption of any land shall be liable to be set aside for irregularity
or error in matter of form.
12 during the pendencey of any proceedings before the board, if any
member of the board from any cause is or becomes unable to act, his
place, if he is a judge, shall be filled by another judge or, if he is a
person appointed by the governor or owner, by some other person
appointed by the governor or owner, as the case may require.
13 any land resumed under the provisions of this ordinance may be
demised and granted by the governor on such terms and conditions and at such price, whether by way of rent, premium, or otherwise, and either
by public auction or private contract, as the governor may determine.
14 all sum of money awarded and all costs against the crown, if
any, shall, as soon as practicable after the award is published, be paid by
the governor out of the public revenues, and all sums awarded, exclusive
of costs, shall bear interest at the rate of $7 per cent from the
date of th resumption of the land until payment.
15 in any notice to resume any land, it shall be sufficient to state
that the resumption of such land is required for a public purpose, without
stating the particular purpose for which the land is required; and a
notice containing such statement shall be conclusive evidence that the
resumption is for a public purpose.
16 whenever the buildings or dwellings on any land are of insanitary
construction as regards conditions of light and air, the governor
may, notwithstanding any of the powers of resumption herein contained
or prior to the exericse of any such powers, permit the owner of such
buildings or dwellings to reconstruct or rebuild the same or any part
thereof, on such terms and conditions and subject to such security being
given for the proper carrying out of such reconstruction or rebuilding
as the governor may, in his discretion, think fit.
17 the board may make such rules and regulations as may be deemed
necessary for the conduct of all proceedings before it.
18 this ordinance shall not be deemed to prevent the exercise by
her majesty, her heirs, successors, or assigns, of any power of resumption
contained in any crown lease.
A.D. 1900. Ordinance No. 32 of 1900. Short title. Interpretation of terms. Power of resumption of land for public purpose. Constitution of Board of Arbitrators for determination of compensation for land resumed. Notification of constitution of Board, etc. Barring of actions relating to land resumed, and transmission of claims to Board. Consideration of claims. Powers and authorities of Board. Principles of assessment of compensation. See Ordinance No. 10 of 1901. Execution of process of Board. See Ordinance No. 3 of 1901. Rule of decision of Board and barring of appeal, etc. Filing of vacancy on Board. Power to demise or grant land resumed. Compensation to bear interest. Effect as evidence of notice resumption. Arrangement with owner of buildings or dwellings to resconstruct them. Power for Board to regulate proceedings. Saving of power of resumption under Crown Lease.

A.D. 1900. Ordinance No. 32 of 1900. Short title. Interpretation of terms. Power of resumption of land for public purpose. Constitution of Board of Arbitrators for determination of compensation for land resumed. Notification of constitution of Board, etc. Barring of actions relating to land resumed, and transmission of claims to Board. Consideration of claims. Powers and authorities of Board. Principles of assessment of compensation. See Ordinance No. 10 of 1901. Execution of process of Board. See Ordinance No. 3 of 1901. Rule of decision of Board and barring of appeal, etc. Filing of vacancy on Board. Power to demise or grant land resumed. Compensation to bear interest. Effect as evidence of notice resumption. Arrangement with owner of buildings or dwellings to resconstruct them. Power for Board to regulate proceedings. Saving of power of resumption under Crown Lease.

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