277
A BILL
ENTITLED
An Ordinance to amend the Crown Lands Resumption Ordinance, 1900, and to make special provision for the Resumption of Crown Lands of small value for public purposes.
BE it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-
and
construction.
1. This Ordinance may be cited at the Crown Lands Re- Short title sumption Amendment Ordinance, 1910, and shall be read as one with the Crown Lands Resumption Ordinance, 1900, hereinafter called "the Principal Ordinance".
of land for
2. Where in the opinion of the Governor the value of Power of any land required to be resumed for a public purpose does resumption not exceed in value the sum of $500 for any one lot or por- public tion of a lot registered in the Land Office the Governor purpose may authorize the resumption to be carried out in the man- under value ner following and thereupon the provisions of Sections 3, 4 of $500. and 5 of this Ordinance shall apply in lieu of Sections 3, 4 and 5 of the Principal Ordinance.
3. Notice shall be given by the Colonial Secretary to Notice of the owner of the land intended to be resumed that such intended land is required for a public purpose and will be resumed resumption. on the expiration of one calender 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 shall be affixed upon a conspicuous part of the land to be resumed and thereupon shall be deemed to be notice to the owner of the land and every person interested in the land or having any right or easement therein.
4. On the expiration of one month as aforesaid the land on expira shall revert to the Crown and all rights of the owner or any tion of other person in or over the land or any part thereof shall notice absolutely cease.
reversion to Crown.
5. After the expiration of one mouth as aforesaid a Board Constitution of Arbitrators shall be appointed to determine the amount of Board of of compensation to be paid in respect of such resumption. Arbitrators. The Board shall consist of three members resident in the Colony and shall be constituted as follows, that is to say:-
The Chairman of 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 Gov- ernor and the other by the owner of the land intended to be resumed or if he fails within one week from the date of expiration of the said notice of intendel resumption to nominate in writing a member then it shall be lawful or the Chairman to nominate any other person on be- half of such owner.
6. In any case where notice of intended resumption has Power of been given whether under the Principal Ordinance or this Entry. Ordinance shall be lawful for the Governor and all other persons authorized 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 lands an I doing all necessary acts for setting out the line of works, making compensation for any damage thereby occasi ned to the owner or occupier thereof, the amount of such compensation to be decided by the Board.
of absent
7. Where the owner of any land which has been resumed Payment of is absent from the Colony or cannot be found or within six compensa- months from the date when the amount of compensation tion in case shall have been determined makes no claim to the same or owner. is in the opinion of the Governor unable to give an effectual discharge for the same the Governor may direct payment of the compensation awarded to be made to such other person