THE HONGKONG GOVERNMENT GAZETTE, 27TH NOVEMBER, 1897.
THE SMALL TENEMENTS RECOVERY
ORDINANCE,
Objects and Reasons.
Doubts having arisen as to whether the English Act, 1 and 2 Vict. c. 74, to facilitate the recovery of Small Tenements, applied to Hongkong, it is deemed desirable to place upon the local Statute Book an Ordinance drawn upon the lines of that Act, but with such variations as local circumstances seem to require.
The necessity for an Ordinance of the kind is obvious, for proceedings in a suit for ejectment are somewhat costly and in many cases it would be quite impossible for the successful suitor to recover his costs against tenants or trespassers of the class at which the Ordinance aims. It is not uncommon, in this Colony, for a small tenant, pos- sessed of no means, to hold over, or for a person, having no right so to do, to encroach upon, or inclose, a piece of land in the country districts and erect a matshed, pay no rent and refuse absolutely to give up possession. Indeed, cases have arisen where, land having been let at an almost nominal rent for vegetable gardens, the tenants and their friends have proceeded to erect matsheds and form a sort of village of such an insanitary character that the Sanitary Board has called upon the owner to abate the nuisance. This he is powerless to do, because the tenants and squat- ters refuse to quit in spite of notice being given; and his only course, without the aid of some such Act as 1 and 2 Vict. c. 74, is to bring a large number of suits for ejectment without any chance of recovering the costs of such pro- ceedings.
In the English Act, the wrongdoer is brought before the Magistrate by a notice stating that unless possession is given within seven clear days from service the owner will apply to the Magistrate for a warrant of ejectment. It has been thought better that, in this Ordinance, a sum- mons should be served, which is much more likely to be attended to than any notice given to persons of the class affected by the Ordinance.
The provisions of the English Act were extended, by 15 and 16 Vict. c. 79 s. 13, to certain encroachments. It is thought a further extension might be made in this Colony, and that the provisions of the local Ordinance might fitly be made to apply to certain illegal encroachments and inclosures of small value; for the execution of the warrant can be stayed if the defendant is willing to give a bond to sue the complainant, and the wrongful obtaining of a warrant is made a trespass, as in England.
As nearly all the land held from the Crown in this Colony is of leasehold tenure some slight modifications have been made in the interpretation clause.
W. MEIGH GOODMAN,
Attorney General.
1029
GOVERNMENT NOTIFICATION.- No. 520.
The following Report of the Committee appointed to inquire into and report on certain applica- tions for Increase of Saiaries from Officers in the Public Service of the Colony, which was laid before the Legislative Council on the 22nd instant, is published.
By Command,
Colonial Secretary's Office, Hongkong, 26th November, 1897.
REPORT.
J. H. STEWART LOCKHART,
Colonial Secretary.
We, the members of the Committee appointed by His Excellency the Governor "to inquire into. and report on certain applications for increase of salary from officers in the public service of this Colony," have the honour to submit the following report upon the matters referred to us.
We understood from the terms of the letter of appointment under which we are acting that our principal duty was to consider and deal with the applications individually and on their own merits, and not as affected by any general considerations of policy relating to the pay of officers in the public service. Accordingly, we have read the papers having reference to each case and have carefully con-