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powers of entry and view.
Power of Board with respect to
No. 5.] THE ORDINANCES OF HONGKONG: [A.D. 1890.
poses of any claim before the Board to the same extent as the Supreme Court might exercise them or any of them for the purposes of any action.
7. Any member of the Board shall, for the purposes of any inquiry made by the Board, have power to enter and view any premises or property, and the Board shall have power to authorize any person nominated by the Board to enter and view any premises or property for the like purpose.
8. If in any claim to a lease it appears to the Board that any witness has committed wilful and corrupt perjury, the Board may, for the purpose of punishing such perjury, exercise powers similar to and to the same extent as those conferred on the Supreme Court by section 31 of No. 3 of 1873, the Supreme Court Ordinance, 1873, for the punishment of perjury in any cause, action, or suit.
witness committing perjury.
Issue of process,
Power to allow or disallow claim.
Fixing rent of claim.
9. Any summons, order, warrant, or direction of the Board shall be deemed to be duly made with the authority of the Board if it is signed by the Chairman of the Board and issued by the Secretary, and any such summons, order, or warrant so signed and issued in connexion with and for the purposes of any claim to a lease shall be equivalent to any form of summons, order, or warrant issued in any action in the Supreme Court for enforcing the attendance of witnesses, or compelling the production of documents, or otherwise for the purposes of any action.
10. The Board may allow or disallow any claim to a lease or allow the same as to part of the claim or subject to such conditions as it may think fit.
11. The Surveyor General shall, before the hearing of the claims relating to land in any village or district, fix the several rents to be charged in any leases which may be granted, and the amount of the rent so fixed shall be communicated in the notice for claims referred to in section 4 (2.); but the Governor may, on the recommendation of the Board or of his own motion, grant the lease in any particular case with a rent lower than that previously fixed by the Surveyor General.
Granting of lease where claim allowed unless Governor declines.
12. In any case where the Board allow the claim a lease shall be granted within such time as may be convenient, unless the Governor, in his discretion, declines to grant a lease, in which case the claim shall be referred back to the Board to decide what compensation shall be paid to the claimant or claimants, and in such case the amount awarded by the Board shall be paid by the Government to such person or persons as the Board may direct.
Cases in which squatter to be deemed trespasser.
13. After the commencement of this Ordinance, occupation by any person as a squatter, or without licence, or without any grant of any estate or interest from the Crown of land a lease for which has been allowed by this Ordinance, shall be deemed to be occupying as a trespasser.
14. No action or proceedings by writ of ejectment or otherwise shall be taken against any person in respect of any land for which a claim has been made under this Ordinance until the claim has been determined.
15. Lease to be granted in such form as may be approved by the Board and approved by the Governor.