SQUATTERS ORDINANCE, 1890
Title
SQUATTERS ORDINANCE, 1890
Description
No. 5 of 1890.
To made provision with respect to Squatting on Crown Lands.
[1st May, 1891.]
WHEREAS, at the date of the establishment of this Colony certain per
sons were in the occupation of land therein, and they and their
descendants and representatives have continued to hold the same
without any grant of any lease or interest from the Crown; AND
WHEREAS certain other, persons have, since the establisbment of
the Colony, taken possession of land therein, and they and their
descendants and representatives have occupied the same without
any grant of any lease or interest from the Crown, AND WHEREAS
certain other persons have been and are in occupation of land with
in the Colony under licence from the Crown (known as Squatters
Licences) but without any other grant of any lease or interest from
the Crown; AND WHEREAS it is desirable that the irregular occupa-
tion of Crown land should be discontinued, but that such of the
above-mentioned occupiers (hereinafter referred to as squatters)
as may be deerned to have an equitable, claim thereto shall receive
leases from the Crown of their several holdings, on the terms and
subject to the conditions hereinafter mentioned:-
1. The Squatters Ordinance, 1890.
2. Claims by squatters to leases from the Crown shall, subject to
the provisions of this Ordinance, be heard and determined by a
Board, (hereinafter referred to as the Board) which shall consist
of one of the Judges, the Director of Public Works and the
Registrar General, and one other person to be from time to time
appointed by the Governor.
3-(1) The Judge, shall be the chairman of the Board, and three
members thereof shall form a quorum.
(2) In the case of an equal division of opinion the chairman shall
have a casting vote.
(3) There shall be a Secretary to the Board, to be appointed by
the Governor, whose duty it, shall be to keep a record of all
proceedings and decisions of the Board, to receive all claims and
communications to the Board, and to issue all orders and directions
of the Board.
4. The Board shall have the following powers:-
(1) to determine within what time claims to leases in any speci-
fied village or district shall be presented to the Board, and in what
form and manner such claims are to be presented;
As. uniended by ,,o. 1 of 1912 and No. 2 of 1912.
As ai-a~,n(l(~(1 by No, 1 of 19,12.
(2) to cause to be notified in any village or district in which land
is occupied by squatters, and in such manner as the Board may
direct, notice of the time within which claims to such land must
be made, and the form and manner of making such claims; and
(3) to fix the dates and times and places for the hearing of such
claims to leases, and to cause notice of such dates and times and
places to be notified to claimarits in such manner as the Board may
direct.
5. If in any case it appears to the Director of Public Works before
the hearing, that a lease can be granted to any claimant without
further investigation, he shall report the same to the Board accord-
ingly, and in such case it shall not be necessary for the claimant
or his witnesses to appear before the Board, unless the Board so
orders.
6.-(1) For the purpose, of the hearing of any claim to a
lease, the Board shall have powers similar to those vested in
the Supreme Court on the occasion of any action in respect
of the following matters; namely,
(a) enforcing the attendance of witnesses and examining them
upon oath or otherwise;
(b) compelling the production of documents
(c) punishing persons guilty of contempt of the Board or of any
order of the Board;
(d) ordering inspection of property; and
(e) making and enforcing any order which may be necessary to
the proper hearing and deterination of any question before the
Board.
(2) the Board may exercise all or any of such powers for
the purposes of any claim before the Board to the same extent as the
Supreme Court mlight exercise them or any of them for the purposes
of any action.
7. Any member of the board shall, for the purposes of any in-
quiry made by the Board, have power to enter and view any
premises or property, and the Board shall have power to authorise
any person nominated by the Board to enter and view any premises
or property for the like ptirpose.
* As aniended by No. 51 of 1911.
8. If in any claim to a lease it appears to the Board that
any witness has committed wilful and corrupt perjuiry, the Board
may, for the purpose of punishing such perjury, exercise powers
similar to and to the same extent as those conferred on the Supreme
Court by section 31 of the Supreme Court Ordinance, 1873, for the
punishment of perjury in any cause, action, or suit.
9. Any summons, order, warrant or direction of the Board shall
be deemed to be duly made with the authority of the Board if it is
signed by the chairman of the Board and issued by the secretary,
and any such summons, order, or warrant so signed and issued in
connexion with and for the purposes of any claim to a lease shall
be equivalent to any form of summons, order, or warrant issued in
any action in the Supreme Court for enforcing the attendance of
witnesses, or compelling the production of documents, or otherwise
for the purposes of any action.
10. The Board may allow or disallow any claim to a, lease or allow
the same as to part of the clalm or subject to such conditions as it
may think fit.
11. The Director of Public Works shall, before the hearing of the
claims relating to land in any village or district, fix the several rents
to be charged in any leases which may be granted, and the amount
of the rent so fixed shall be cornmunicated in the notice for claims
referred to in section 4 (2); but the Governor may, on the recom-
mendation of the Board or ol his own motion, grant the lease in any
particulax case with a rent lower than that previously fixed by the
Director of Public Works.
12.-(1) In any case where the Board allows the claim a lease
shall be granted unless the Governor in this discretion deelines, to
grant a lease, in which case the claim shall be referred to the
Director of Public Works who may negotiate with the claimant In
respect of the grant of a lease of other lands in lieu of the holding in
relation to which the claim is made.
(2) In the event of a failure to effect such negotiation the Board
shall decide what compensation shall be paid to the claimant
in respect of such holding and of any brulding or fixture, the
removal of which is in the opinion of the Director of Public Works
* As tlIfiCtL~l(~(1 by NO. 51. Of 1911.
f As amended bv No. 8 of 1910 and No. 1 of 1012.
necessary or desirable in the public interest, and in such case the
amount awarded by the, Board shall be paid by the Government to
such person as the Board may direct.
Provided always that in estimating any claim for compensation
the Board shall take into consideration the condition of a building as
regards the security of its structure and its sanitary condition.
13. After the commencement of this Ordinance, occupation
by any person as a squatter, or without licence, or without any
grant of any estate or interest from the Crown, of land a lease for
which has been disallowed by the Board, or in respect of which com-
pensation as above, mentioned has been paid, or for which no lease
has been claimed under this Ordinance shall be deemed to be
a trespass, and the peron so occupying without having a grant as
aforesaid may be dealt with as a trespasser accordingly.
14. No appeal shall lie from any decision of the Board, nor shall
its proceedings be liable to revision by or removal to the Supreme
Court by writ of certiorari or other legal process.
15. Leases to be granted to squatters under this Ordinance shall
be in such form as may be submitted by the Board and approved by
the Governor-in-Council.
Short title. Board for determination of claims by squatters to leases. Chairman and quorum of Board. Powers of Board. Report in favour of claim by Director of Public Works before hearing. Further powers of Board for hearing of claims. Powers of entry and view. Power of Board with respect to witness committing perjury. No. 3 of 1873. Issue of process. Power to allow or disallow claim. Fixing rent before hearing of claim. Granting of lese where claim allowed unless Governor declines. Squatter without lease etc. to be deemed trespasser. No appeal from decision of Board. Form of lease.
To made provision with respect to Squatting on Crown Lands.
[1st May, 1891.]
WHEREAS, at the date of the establishment of this Colony certain per
sons were in the occupation of land therein, and they and their
descendants and representatives have continued to hold the same
without any grant of any lease or interest from the Crown; AND
WHEREAS certain other, persons have, since the establisbment of
the Colony, taken possession of land therein, and they and their
descendants and representatives have occupied the same without
any grant of any lease or interest from the Crown, AND WHEREAS
certain other persons have been and are in occupation of land with
in the Colony under licence from the Crown (known as Squatters
Licences) but without any other grant of any lease or interest from
the Crown; AND WHEREAS it is desirable that the irregular occupa-
tion of Crown land should be discontinued, but that such of the
above-mentioned occupiers (hereinafter referred to as squatters)
as may be deerned to have an equitable, claim thereto shall receive
leases from the Crown of their several holdings, on the terms and
subject to the conditions hereinafter mentioned:-
1. The Squatters Ordinance, 1890.
2. Claims by squatters to leases from the Crown shall, subject to
the provisions of this Ordinance, be heard and determined by a
Board, (hereinafter referred to as the Board) which shall consist
of one of the Judges, the Director of Public Works and the
Registrar General, and one other person to be from time to time
appointed by the Governor.
3-(1) The Judge, shall be the chairman of the Board, and three
members thereof shall form a quorum.
(2) In the case of an equal division of opinion the chairman shall
have a casting vote.
(3) There shall be a Secretary to the Board, to be appointed by
the Governor, whose duty it, shall be to keep a record of all
proceedings and decisions of the Board, to receive all claims and
communications to the Board, and to issue all orders and directions
of the Board.
4. The Board shall have the following powers:-
(1) to determine within what time claims to leases in any speci-
fied village or district shall be presented to the Board, and in what
form and manner such claims are to be presented;
As. uniended by ,,o. 1 of 1912 and No. 2 of 1912.
As ai-a~,n(l(~(1 by No, 1 of 19,12.
(2) to cause to be notified in any village or district in which land
is occupied by squatters, and in such manner as the Board may
direct, notice of the time within which claims to such land must
be made, and the form and manner of making such claims; and
(3) to fix the dates and times and places for the hearing of such
claims to leases, and to cause notice of such dates and times and
places to be notified to claimarits in such manner as the Board may
direct.
5. If in any case it appears to the Director of Public Works before
the hearing, that a lease can be granted to any claimant without
further investigation, he shall report the same to the Board accord-
ingly, and in such case it shall not be necessary for the claimant
or his witnesses to appear before the Board, unless the Board so
orders.
6.-(1) For the purpose, of the hearing of any claim to a
lease, the Board shall have powers similar to those vested in
the Supreme Court on the occasion of any action in respect
of the following matters; namely,
(a) enforcing the attendance of witnesses and examining them
upon oath or otherwise;
(b) compelling the production of documents
(c) punishing persons guilty of contempt of the Board or of any
order of the Board;
(d) ordering inspection of property; and
(e) making and enforcing any order which may be necessary to
the proper hearing and deterination of any question before the
Board.
(2) the Board may exercise all or any of such powers for
the purposes of any claim before the Board to the same extent as the
Supreme Court mlight exercise them or any of them for the purposes
of any action.
7. Any member of the board shall, for the purposes of any in-
quiry made by the Board, have power to enter and view any
premises or property, and the Board shall have power to authorise
any person nominated by the Board to enter and view any premises
or property for the like ptirpose.
* As aniended by No. 51 of 1911.
8. If in any claim to a lease it appears to the Board that
any witness has committed wilful and corrupt perjuiry, the Board
may, for the purpose of punishing such perjury, exercise powers
similar to and to the same extent as those conferred on the Supreme
Court by section 31 of the Supreme Court Ordinance, 1873, for the
punishment of perjury in any cause, action, or suit.
9. Any summons, order, warrant or direction of the Board shall
be deemed to be duly made with the authority of the Board if it is
signed by the chairman of the Board and issued by the secretary,
and any such summons, order, or warrant so signed and issued in
connexion with and for the purposes of any claim to a lease shall
be equivalent to any form of summons, order, or warrant issued in
any action in the Supreme Court for enforcing the attendance of
witnesses, or compelling the production of documents, or otherwise
for the purposes of any action.
10. The Board may allow or disallow any claim to a, lease or allow
the same as to part of the clalm or subject to such conditions as it
may think fit.
11. The Director of Public Works shall, before the hearing of the
claims relating to land in any village or district, fix the several rents
to be charged in any leases which may be granted, and the amount
of the rent so fixed shall be cornmunicated in the notice for claims
referred to in section 4 (2); but the Governor may, on the recom-
mendation of the Board or ol his own motion, grant the lease in any
particulax case with a rent lower than that previously fixed by the
Director of Public Works.
12.-(1) In any case where the Board allows the claim a lease
shall be granted unless the Governor in this discretion deelines, to
grant a lease, in which case the claim shall be referred to the
Director of Public Works who may negotiate with the claimant In
respect of the grant of a lease of other lands in lieu of the holding in
relation to which the claim is made.
(2) In the event of a failure to effect such negotiation the Board
shall decide what compensation shall be paid to the claimant
in respect of such holding and of any brulding or fixture, the
removal of which is in the opinion of the Director of Public Works
* As tlIfiCtL~l(~(1 by NO. 51. Of 1911.
f As amended bv No. 8 of 1910 and No. 1 of 1012.
necessary or desirable in the public interest, and in such case the
amount awarded by the, Board shall be paid by the Government to
such person as the Board may direct.
Provided always that in estimating any claim for compensation
the Board shall take into consideration the condition of a building as
regards the security of its structure and its sanitary condition.
13. After the commencement of this Ordinance, occupation
by any person as a squatter, or without licence, or without any
grant of any estate or interest from the Crown, of land a lease for
which has been disallowed by the Board, or in respect of which com-
pensation as above, mentioned has been paid, or for which no lease
has been claimed under this Ordinance shall be deemed to be
a trespass, and the peron so occupying without having a grant as
aforesaid may be dealt with as a trespasser accordingly.
14. No appeal shall lie from any decision of the Board, nor shall
its proceedings be liable to revision by or removal to the Supreme
Court by writ of certiorari or other legal process.
15. Leases to be granted to squatters under this Ordinance shall
be in such form as may be submitted by the Board and approved by
the Governor-in-Council.
Short title. Board for determination of claims by squatters to leases. Chairman and quorum of Board. Powers of Board. Report in favour of claim by Director of Public Works before hearing. Further powers of Board for hearing of claims. Powers of entry and view. Power of Board with respect to witness committing perjury. No. 3 of 1873. Issue of process. Power to allow or disallow claim. Fixing rent before hearing of claim. Granting of lese where claim allowed unless Governor declines. Squatter without lease etc. to be deemed trespasser. No appeal from decision of Board. Form of lease.
Abstract
Short title. Board for determination of claims by squatters to leases. Chairman and quorum of Board. Powers of Board. Report in favour of claim by Director of Public Works before hearing. Further powers of Board for hearing of claims. Powers of entry and view. Power of Board with respect to witness committing perjury. No. 3 of 1873. Issue of process. Power to allow or disallow claim. Fixing rent before hearing of claim. Granting of lese where claim allowed unless Governor declines. Squatter without lease etc. to be deemed trespasser. No appeal from decision of Board. Form of lease.
Identifier
https://oelawhk.lib.hku.hk/items/show/853
Edition
1912
Volume
v1
Cap / Ordinance No.
No. 5 of 1890
Number of Pages
4
Files
Collection
Historical Laws of Hong Kong Online
Citation
“SQUATTERS ORDINANCE, 1890,” Historical Laws of Hong Kong Online, accessed January 24, 2025, https://oelawhk.lib.hku.hk/items/show/853.
