xxviii
REPORT FROM THE LAND COMMISSION OF 1886-87.
has bought land on a 75 years Lease only, with the idea that the Crown would enforce its right of re- entry at the end of 75 years and turn them out. Nor does it appear why there should be any dis- tinction on one side of the harbour to the other; or on lands in the town or in the country. It may be urged that parties should be kept to the strict performance of their engagements with the Crown, and that where land has risen in value the landlord should be entitled to the unearned increment, at least proportionably with the tenant.
In modern days it has been strenuously urged that the landlord, even if a private individual, has no right to this unearned increment. In case the Crown insists upon its rights, however, the Crown will, at the expiration of 75 years, take not only the unearned increment, but the whole value of the improvements effected by the tenants.
The Crown in dealing with Crown Lands is not like some private persons selfishly seeking to drive a hard bargain at the expense of an individual, but to dispose of its lands in the best interests of the whole community.
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The Crown, as the Commissioners have endeavoured to point out in another part of this Report, has the entire monopoly of all ungranted land, and in the case of the settlers at Kowloon, and on the Hills, purchasers were, and are, compelled either to accept the terms that are offered by the Crown, or to go without the land.
The Commissioners feel sure that the same reasons which decided Earl GREY to sanction the extension of the Town Lots from 75 to 999 years would apply equally to the extension of the Leases of all other lots from 75 to 999 years.
A new Registration Ordinance is required under which all new Titles should be registered, but the Registration Ordinance, 3 of 1844, should not be repealed, so that the old Titles may still be kept under that Ordinance until they are all got rid of and absorbed under the new system.
The Commissioners, however, have already suggested that some amendments to that Ordinance might be at once made so as to facilitate the bringing of Land under the new system.
Great objection has been taken to the provision in the Leases for the resumption of Land for public purposes at a valuation to be made solely by the Surveyor General, and the Commissioners think that in any new Leases to be issued this provision might be omitted, and an Ordinance might be passed with similar provisions respecting the valuation of such lands as were prescribed in the Ordinance recently passed for the valuation of lands required for the purpose of constructing Tramways.
With regard to the form of Crown Lease to be hereafter issued the Commissioners are of opinion that it is very desirable many of the covenants and provisions should be omitted, as unnecessary, and other covenants might be replaced by the provisions of an Ordinance.
A form of lease might be prepared for the new leases to be issued, leaving it to the authority who shall have the control of these matters to decide as to whether any special covenants are required under special circumstances.
A short form of assignment, and of mortgage, might also be adopted which might be extensively used in all ordinary transactions.
The Commissioners have attached to this their Report specimens of the various grants and licences issued by the Government or Government Officers.
The Commissioners recommend that provisions should be made for the registration of all Powers of Attorney under which deeds relating to land are executed, and also for their production and keep- ing copies in the Land Office, and for examined, or office copies, to be accepted in evidence; and that with respect to present Titles, which are affected by Powers of Attorney not being forthcoming, some legislation is desirable.