CROWN LANDS RESUMPTION ORDINANCE, 1900

CROWN LANDS RESUMPTION ORDINANCE, 1900

No. 10 of 1900.

To facilitate the Resumption of Grown Tands required for Public
Purposes. [14th November, 1900.1
WHEREAS it is expendient that the Governor should be empowered to
resume compulsorily any Crown land, for public purposes; AND
WHEREAS it is expedient that the compensation in respect of such
resumption should, notwithstanding any clause contained in
Grown leases, be determined by arbitration:-
1. The Crown Lands Resumption Ordinance, 1900,

2. In this Ordinance,-

'The Board' means any Board of Arbitrators appointed from
time to time under this Ordinance:

'Land' means Crown land of whatever description (whether
held under Crown lease or other title recognised by the Crown), or
any part or section thereof, in Hongkong and the New Territories,
and includes buildings erected thereon:
'Owner ' means the person registered or entitled to be registered
in the Land Office in respect of any land sought to be resumed, or,
if such person is absent from the Colony, or cannot be found, or is
bankrupt or dead, his agent or representative in the Colony:
'Resumption for a public purpose ' includes-
(a) resumption of insanitary property for the purpose of securing
the erection of improved dwellings or buildings thereon or the
sanitary irnproven-ient of such property ; and
(b) resumption of any land upon which any building is erected
which, by reason. of its proximity to or contact with any other build-

As amended by 'No. 1 of 1912.
A-, nmend(~,d by No. 1 of 1912 and No. 2 of 1912,
As arriended by No. 50 of 191.1, No~ 1 of 1912, No. 2 of 1912 and
No. 21 of 1912.





ings, seriously interferes with ventilation or otherwise makes or con-
duces to make such oilier buildings to be in a condition unfit for
human habitation or dangerous or injurious to health ; and
(c) resuniption for any purpose connected with the naval or
nukutart forces of the Crown, including the volunteer force in this
Colony ; and
(d) resumption for any purpose of whatsoever description whether
ejusdem generis with any of the above purposes or not, which the
Governor-in-Council may decide to be a pablic purpose.

3.-(1) Whenever the Governor-in-Coiincil decides that the re-
sumption 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 in-
terest therein, for the purchase of such land and all the right, title,
and interest therein, and, in the 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 sueb land will be resumed on the
expiration of 4 months from the publication thereof and that such
compensation will be paid as may be awarded in the manner here-
inafter provided.

(2) Such notice shall be published in the Gazette in English and
Chinese, aiid copies tbLi.eol shall be aflixed upon a conspicuous part
of the land to be resunied, and such publication shall be deemed to
be sufficient notice to the owner and to every person interested 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 re
or olother persori iji or over the land or any part
thereof shall absolutely cease.

4. After the expinition of 4 months as aforesaid, a Board of Arbi-
trators shall be appointed to deterinIne the amount of compensation
to be paid in respect of such resumption, which shall in each case
consist of three members and be constituted in manner followin;-

(1) the chairman of the Board shall be such Judge as the Judges
way mutually, arrange;

As aniended by No. 1 of 1912 and No. 2 of 1912.
As amended by No. 28 of 1911, No. 50 of 1911, No. 1 of 1912 aDd
No. 2 of 1912.





(2) the two other members of Ibe 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 Grovernor may be the Director of Public Works
or any public officer;
(3) notice in writing of the nonlination 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 chairman to nominate and appoint any
person, other than a member of the Colonial Civil Service, on behalf
of such owner.

5. Where, in the opinion Of the Governor the value of any land
required to be resumed for a public purpose does not exceed the
sum of 500 dollars for any one lot or portion of a lot registered in
the Land Office the Governor may authorise the resumption to be
carried out in the manner following instead of in the manner
Prescribed by sections 3 and 4:-
(1) Notice shall be given by the Colonial Secretary to the owner
of the land intended to be resumed that such land is required for a
public purpose and will be resumed on the expiration of one month
from the date of such notice, and that thereupon such compensation
will be paid as may be awarded in the manner hereinafter provided.
Such notice shall also require the owner to nominate a member to
serve on the Board to be constituted as herein provided, and if the
owner cannot be found it shall be affixed upon a conspicuous part
of the Board to be restinied and thereopon be deeined to be notice
to the owner of the land and every person interested in the land or
having any right or easement therein.
(2) On the expiration of one month as aforesaid the land shall
revert to the Crown, and all rights of the owner or any other person
in or over the land or any part thereof shall absolutely cease.
(3) After the expiration of one month as aforesaid a Board of
Arbitrators shall be appointed to determine the amount of compensa-
tion to be paid in respect of such resumption. The Board shall
consist of three members resident in the Colony and shall be con-
stituted as follows :-

Asanionded by No. 18 of 1910, No. 28 of 1911, No. 50 of 1911
and No. 1 of 1912.





The chairman of the the Board shall be a Magistrate or a Justice of
the Peace nominated by the Governor, and the two other members
shall consist of one member nominated by the Governor and the
other by the owner of the land intended to be resumed, or if he falls
within one week from the date of expiration of the said notice of
intended resumption to nominate in writing a member then it shall
be lawful for the chairman to nominate any other person, on behalf
of such owner.

6.-(1) The constitution of any Board shall be notified in the
Grazette, and within 14 days from such notification it shall com-
mence its sittings at such time and place as the chairman may, by
notification in the Gazette, appoint.
(2) The Governor may appoint sonle person to act as clerk to a
Board, and the Governor-in-Council shall determine his remunera-
tion.

(3) The remuneration of any member of a Board shall be at a
rate according to the amount of work, the time, occupied, and the
magnitude of the interests involved, and shall be determined in each
case by the chairilian at the conclusion of the arbitration: Provided
that nothing herein shall authorise the payment of remuneration to
a public servant who is not permitted to receive remuneration as a
member of a Board.

7. In any case where notice of intended resumption has been
given it shall be lawlul for the Governor and all other persons
authorised by him and without the consent of the owner or occupier
thereof to enter into and upon any land intended to be resumed for
the purpose of surveying and taking levels of such land and doing all
necessary acts for setting out the line of works; the compensation
for any damage thereby occasioned to the owner or occupier thereof,
shall be decided by the Board.

8. 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 aloresaid, but any person claim-
ing compensation, whether as owner or otherwise, by reason of Such
resumption shall, before the commencement of the sittings of the

As arnenclecl by No. 28 of 1911, No. 1 of 1912, No. 2 of 1912 and
No. 22 of 1912.
As ainended by No. 18 of 1910, No. 28 of 1911 and No. 2 of 1912,
AS amended by No, 2~ of 1911.





Board, transmit 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 which he seeks to recover.

9. Every claim shall be separately considered and adjudicate
upon, unless the parties otherwise agree.

10. Any Board when constitnted shall have the following powers
and authorities :-
(1) to determine the compensation to be paid in respect of such
resumption or in respect of the extinction of any right or casement
caused by such resumption, regard being had riot 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 resiimed 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, (including reninneration to the members of
the Board ancl to the clerIz to the Board determined under section
6) in its discretion, either for or against the Crown or for or against
any parties claiming compensation, such costs, if desired by the
Crown or any party, to be taxed by the Registrar of the Supreme
Court.
(3) all such powers as are vested in the Supreme Court or in a
Judge on the occasion of any action or suit in respect of the follow-
ing matters
(a) enforcing the attendance of witnesses and extarnining theni
upon oath or otherwise as it may think fit;
(b) compellitig the proditetion of' any documents,
(c) punishing persons guilty of contempt;
(d) ordering an inspection of any premises; and
(e) entering upon and viewing any premises.

11-(1) When any property is resingned, a Board in determining
the compensation to be paid and in estimating the value of the land
resumed and of any buildings thereon, may-

As amended by No. 28 of 1911.
by No. 28 of 1911, No. 50 of 1911,No, 2 of EX2, No. 21 of 1912) and No. 12, of 1912.
and No. 2 of 1912.
As amended by No. 28 of 1911, No. 1 of 1912 ,





(a) take into consideration the nature and existing condition of
the property, 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 im-
provement of the property made after the date of the publication in
the Gazette of the notice of intended resumption, or after the notice
by the Colonial Secretary under section 5, as the case may be,
(unless such addition or improvement was necessary for the main-
tenance of the property in a proper state of repair) :

Provided that, in the case of any interest acquired after the date of
such publication, no separate estimate of the value thereof shall be
made so as to inerease the amount of compensation.

(2) A Board may also receive 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 building or premises 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, or is or are not in reason-
ably good repair; or
(c) that the building or premises are unfit, and not reasonably
capable of being made fit, for human habitation.

(3) If the Board is satisfied by such ovidence, then the compensa-
tion-
(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 building or
premises had not been occupied as a brothel, or as a gaining house,
or for an illegal purpose; and
(b) shall, in the second case, be the amount estimated as the value
of the building or premises if the nuisance had been abated or if
they had been put into reasonably good repair, after deducting the
estimated expense of abating the nuisance or putting them into such
repair, as the case may be; and
(c) shall, in the third case, be the value 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 sha31 be conclusive evidence, thereof.

12.-(1) Every notice under the hand of the chairman of a Board
may be substituted for and shall be equivalent to any form of process
capable of being issued in any action. or suit for enforcing the attend-
ance of witnesses or compelling the production 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 may authorise the imprisonment (which shall be
without hard labour) of the offender for any period not exceeding
3 months.

(3) Every notice, order, or warrant of any Board may be served
and executed in the same manner as notices, orders, and warrants of
the Supreme Court may be served and executed in civil actions.

13-(1) If, in the discharge of the duties devolving upon any
Board, there occur a difference of opinion between the members,
the decision of any two of them shall have the saine force and effect
as if all the members bad concurred therein.

(2) Any decision arrived at by the Board shall be final as regards
all parties interested.

(3) No award of compensation made by a Board with respect to
the resumption of any land shall be liable to be set aside for irregu-
larity or error in matter of form.

14. During the pendency of any proceedings before any Board, if
any inember of the Board from any cause is or becomes unable to
act, his place, if he is a Judge, be filled by another Judge or,
if he is a person appointed by the Governor, owner, or chairman, by
some other person appointed by the Governor, owner, or chairman,
as the case inay require.

15. Any land resumed under the provisions of this Ordirtance may
be demised and by the Governor on such terms and condi-

. As aniended by No. 28 of 1911, No. 30 of 1911 and _No. 2 of 1912,
As aniended bY No. 28 or 1011 ,In(l XI(. 1 of 11)12.
Am arnended by No. 28 of 1911 and No. 2 of 1912.
+ kR aniended bv No. 28 of 1911,





tions and at such price, whether by way of rent, premium, or other-
wise, and either by public auction or private contract, as the
Governor way determine.

16. All sums of money awarded and all costs against the Grown,
if any, shall, as soon as practicable after the award is published,
be paid ont of the public revenues, and all sums awarded, exclusive
of costs, shall bear interest at the rate of 8 dollars per cent. from
the date of the resumption of the land until payment.
17. Where the owner of any land which has been resumed is
absent frorn the Colony or cannot be found, or within 6 months
from the date when the amount of compensation shall have been
determined makes no claim to the same, or is in the opinion of the
Governor unable to give an effectual discharge, for the same, the
Governor may direct payment of the compensation to be made to
such other person on behalf of the owner as he shall think proper
stibJect to any conditions or not, and the receipt of such person
shall be a valid and effectual discharge for the same in the same
manner as if payment had been made to the owner.

18. 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 requir-
ed; and a notice containing such statement shall be conclusive evi-
dence that the resumption is for a public purpose.
19. Whenever the buildings or dwellings on any land are of
insanit,try construction as regards conditions of light and air, the
Governor may, notwithstanding any of the powers of resumption
herein contained or prior to the exercise 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 think fit.
20. Any Board of Arbitrators may make rules for the conduct of
proceedings before it.
21. This Ordinance shall not be deemed to prevent the exercise
by 1lis Majesty of any power of resumption contained in any Crown
lease.

As amended by No. 28 of 1911 and No. 1 of 1912.
Aq amended by No. 18 of 1910, No. 28 of 1911 and No. 1 of 1912.
A' anionded by No. 28 of 11311.
A~3 amended by No. 28 of 1911, No. 51 of 1911 and No. 1 of 1912.
Short title. Interpretation. Power of resumption of land for public purpose. Constitution of Board of Arbitrators for determination of compensation for land resumed. Resumption of land under value of $500. Notification of constitution of Board, etc. Power of entry. Barring of action relating to land resumed, and transmission of claims to Board. Consideration of claims. Powers and authorities of Board. Principles of assessment of compensation. cf. No. 1 of 1903. Execution of process of Board. Decision of Board to be by majority, and final. Filling of vacancy on Board. Power to demise or grant land resumed. Compensation to bear interest. Payment of compensation in case of absent owner. Effect as evidence of notice of resumption. Arrangement with owner of buildings or dwellings to reconstruct them. Board to regulate proceedings. Saving of power of resumption under Crown lease.

Short title. Interpretation. Power of resumption of land for public purpose. Constitution of Board of Arbitrators for determination of compensation for land resumed. Resumption of land under value of $500. Notification of constitution of Board, etc. Power of entry. Barring of action relating to land resumed, and transmission of claims to Board. Consideration of claims. Powers and authorities of Board. Principles of assessment of compensation. cf. No. 1 of 1903. Execution of process of Board. Decision of Board to be by majority, and final. Filling of vacancy on Board. Power to demise or grant land resumed. Compensation to bear interest. Payment of compensation in case of absent owner. Effect as evidence of notice of resumption. Arrangement with owner of buildings or dwellings to reconstruct them. Board to regulate proceedings. Saving of power of resumption under Crown lease.

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