1558
THE HONGKONG GOVERNMENT GAZETTE, 7TH OCTOBER, 1899.
Amendment
2. The preamble to Ordinance No. 23 of 1889 is hereby of preamble amended so as to read as follows:- to Ordinance 23 of 1889.
Amendment of section 2 of Ordinance 23 of 1889.
Amendment
+1
as
Whereas it is expedient that the Governor should be empowered to acquire or resume any land and buildings compulsorily for any "public purpose defined by this Ordinance, and whereas it is expe- dient that the duty of determining the value of land and buildings so acquired or resumed and of fixing the compensation to be awarded in respect thereof, should (notwithstanding any clause contained in Crown Lenses) be vested in a Board of Arbitrators. 3. Section 2 of Ordinance 23 of 1889 is hereby amended as follows:-
(i.) By substituting in place of the words "Crown land under lease from the Crown or any part or section thereof" the following words, namely :-
"land of whatever description or any part or section thereof, which is situated within the limits of the Colony as enlarged by a Convention dated the 9th of June, 1898, between Her Majesty the Queen and His Imperial Majesty the Emperor of China, and shall include the buildings (if any) erected on such land or ou any part or section thereof;" and
(ii) By adding the following paragraphs at the end
of such section, uamely :—
"
The word "resume shall include acquiring, and the word "resumption" shall include acquisi- tion.
**
The expression "resumption for a public purpose
as used in this Ordinance shall include- (i.) The compulsory resumption of insanitary properties by the Government for the pur- pose of erecting improved houses or dwel- lings thereon, and
(ii) The compulsory resumption of any land for any purpose connected with the Naval or Military Forces of this Colony, and (iii) The compulsory resumption of any land 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.
4. Sub-section (i.) of section 3 of Ordinance 23 of 1889 of ss. (i.) of is hereby amended by substituting for the words "expedient in the interest of the public" the following words, namely:-
3. 3 of 23 of 1889.
Amendment
"required for a public purpose."
5. Section 14 of Ordinance 23 of 1889 is hereby amend- of s. 14 of 23 ed by the insertion after the words "state that" and before the words "such land" of the following words, namely, "the resumption of.”
of 1889.
Objects and Reasons.
The object of clause 2 of this Bill is to amend the pre- amble to Ordinance 23 of 1889 in such a way as to make it clear that the acquisition or resumption of land or build- ings may be effected for any public purpose" as defined by clause 3 of this Bill.
**
The object of the amendment introduced by sub-section (1.) of clause 3 of this Bill is to make it clear that the expression "land" includes buildings, and also to clear up any possible ambiguity as to Ordinance 23 of 1889 being capable of application to the New Territories. `
The object of sub-section (ii.) of clause 3 of this Bill is- (4.) to make clear that resumption includes acqui-
sition, and
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(b.) to define what is meant by a 'public purpose.” Clause 4 of this Bill introduces a small amendment in the language of section 3 of Ordinance 23 of 1889 which is required for the purpose of bringing the wording of that section into line with section 14.
Clause of the Bill introduces a small amendment in section 14 of Ordinance 23 of 1889 with the object of bringing that section into line with the definition contained in clause 3 of this Bill.
HENRY E. POLLOCK,
Acting Attorney General,