1012 THE HONGKONG GOVERNMENT GAZETTE, 11TH OCTOBER, 1890.
W
A BILL
ENTITLED
The Squatters Ordinance, 1890.
HEREAS at the date of the establishment of this Colony certain persons were in the occupation of land therein and they and their descendants and represent- atives have continued to hold the same without any grant of any lease or interest from the Crown and whereas certain other persons have since the establishment of the Colony taken possession of land therein and they and their descend- ants and representatives have occupied the same without any grant of any lease or interest from the Crown. And whereas certain other persons have been and are in occu- pation of land within the Colony under licence from the Crown (known as Squatters' Licences) but without any other grant of any lease or interest from the Crown. And whereas it is desirable that the irregular occupation of Crown land should be discontinued but that such of the above mentioned occupiers (hereinafter referred to as squatters) as may be deemed to have an equitable claim thereto shall receive leases from the Crown of their several holdings upon the terms and subject to the conditions hereinafter mentioned.
Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-
1. This Ordinance shall be called The Squatters' Ordinance, 1890.
2. Claims by squatters to leases from the Crown shall subject to the provisions of this Ordinance be heard and determined by a Board hereinafter referred to as the Board which shall consist of one of the Judges of the Supreme Court, the persons respectively filling the offices of Surveyor General and Registrar General for the time being and one other person to be from time to time ap- pointed by the Governor.
3. The Judge aforesaid shall be the Chairman of the Board and three members thereof shall form a quorum. In the case of an equal division of opinion the Chairman shall have a casting vote. There shall be a Secretary to the Board to be appointed by the Governor, whose duty it shall be to keep a record of all proceedings and decisions of the Board, to receive all claims and communications to the Board and to issue all orders and directions of the Board.
4. The Board shall for the purposes of this Ordinance have the following powers :-
:-
(1.) To determine within what time claims to leases in any specified village or district shall be presented to the Board, and in what form and inanner such claims are to be presented.
(2.) To cause notice of the time within which any claim must be made and the form and manner of making it to be advertised or notified in the village or district in which land is occupied by squatters may exist in such manner as the Board may direct.
(3.) To fix the dates and times and places for the hearing of such claims to leases and to cause notice of such dates and times and places to be notified to claimants in such manner as the Board may direct.
5. If in any case it shall appear to the Surveyor General before the hearing that a lease can be granted to any claimant without further investigation he shall report the same to the Board accordingly and it shall not be necessary for the claimant or his witnesses to appear before the Board unless the Board shall so order.
6. For the purpose of the hearing of any claim to a lease the Board shall have powers similar to those vested in the Supreme Court of this Colony on the occasion of any suit or action in respect of the following matters, viz.:---
(1.) Enforcing the attendance of witnesses and examin-
ing them on oath, affirmation or otherwise. (2.) Compelling the production of documents.