- 2 -
(b) The levying of large sums in premium as a
condition of modification of such restrictions;
(c) The unilateral abrogation of the terms of the
Convention of 1898 in respect of:
(i)
The purpose for which land could be
compulsorily acquired from land-owners
by the Government and
(ii) The failure to comply with the requirement
of "fair price" for the purpose of
compensation on compulsory acquisition.
RESTRICTION AS TO USER: HISTORY
4.
In their representations to the Hong Kong Government,
the Heung Yee Kuk has repeatedly pointed out that prior to the
1898 Convention, when the New Territories were under Chinese
rule, there were no restrictions on land owners holding land
under Ching Dynasty leases regarding the use of the land; an
owner was free to build a house on his agricultural land; there
was nothing in the Convention to suggest that such freedom was
to be affected. The Government, after 1898, pursued a deliberate
policy of according special treatment to the New Territories in
an effort to preserve the customs and usages of the inhabitants
prevailing at the time of the Convention. Thus, in a Proclamation
made in 1900 the Governor Sir Henry Blake promised that "your
commercial and landed interest will be safeguarded and
usages and good customs will not in any way be interfered with":
(Hong Kong Sessional Papers 1900, p. 280).
your
5.
In 1900, by Section 17 of the New Territories (Land
Court) Ordinance enacted in that year, all land in the New
Territories was declared to be the property of the Crown, during