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August 26, 1901.]
THE NEW TERRITORY IN 1900.
The report on the New Territory for the year 1900 is published in the Gazette. It is preceded by a letter from H. E. the Governor to the Secretary of State for the Colonies, which runs as follows:-
Government House, Hongkong, 12th August. Sir, I have the honour to forward for your information a report furnished by the Colonial Secretary, Mr. JH. Stewart Lockhart, ou the operations in the New Territory during the
•year 1900.
2. I had hoped that the collection of revenue might have been in a more forward state, but the report by Mr. Gompertz of the working of the Land Court shows the difficulties of dealing with these small plots and defining the rights of the occupier, the family, the clan, and the Crown. It is possible that a certain amount of revenue might have been got in by rough and ready methods, but there would have been much injustice to individuals—indeed an attempt was made to collect, upon a system of averages, Crown Rent upon claims that had been lodged, the result being complaints from several people that they had been compelled to pay two and three times the amounts claimable from them under the terms of Crown Rent as gazetted and notified. Finding that this was true, I ordered the mouey paid in excess to be refunded. and determined that it is better not to press for payment until we have the differeut plots properly entored and registered. This is slower, but will save much trouble in the future. I attach a copy of another report of Mr. Gompertz's decision as to ownership in the small Island of Tsing I that will illustrate the intricacy of the claims put forward to the Land Court.
3. I hope to be able to reduce the number of police in the New Territory immediately. Since the late abortive rebellion in the Wai Chou district the northern portion of Sham Chan Valley has been in a disorderly condition, and several robberies have been effected in our territory by bands from over the border. At my request the Viceroy of Canton, who has shown the utmost readiness to assist in socuring the peace of that district, has ordered that troops shall be stationed at various points along the frontier. I hope that this will have the effect of putting a stop to the trouble, and enable me to reduce our police force tol more modest dimensions.
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4. Unhappily we find the whole of the New Territory malarious. Experiments are now being tried of different treatment at different stations, and records are being carefully kept. At one station quinine is administered as a prophylactic after Dr. Koch's advice, i... 15 grains two days running and then an interval of seven days before repetition. At another, grain doses are given daily; at a third arsenic is given instead, &c., &c. Wire-gauze windows are being added to stations, but as the men are out almost every night on patrol duty I fear that this will not suffice as a preventive measure. 5. The question of an experimental garden must remain over until Mr. Ford's return, but I question if the low-lying land can be made to produce more paying drops than at present. The fresh sugar caues imported last year are doing well, but, so far, the working of the improved steel mills does not meet with the approval of the farmers, the principal complaint being that they broak up the cane so finely as to make it useless. for fuel. They do not yet realise the waste of using half crushed cane for fuel, and probably do not quite understand the working of the mills. This will come later on.
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6. I have seen one herd of cattle grazing near Saikung, and it appears to me that with the growing of succulent grasses, the hills in the New Territory are capable of supporting a sufficient number of cattle to render Hong kong independent of the present sources of supply on the West and North Rivers. This is a question that will be taken up on the return of the Veterinary Surgeon and the Superin- tendent of the Botanic and Afforestation Departments.
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CHINA OVERLAND TRADE REPORT.
object to, while in the fishing village of Cheung Chan, an island six miles from Hongkong, a single street, kept particularly clean under the superris on of the European police sergeant stationed there, and open to every sea breeze, there have been 40 cases this year in a popula- tion of about 1,80).
8. A licence has just been issued to a person in Unlong for a powder-manufactory. for the making of fireworks-a very large industry in China. I am informed that in the neighbour. | hood of Kowloon several ventures of various kinds will be started as soon as the land claims have been decided so that capitalists can obtain a title.
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7. It is remarkable that the New Territory north of the Kowloon Hills has been quite free from plague although the town of Unlong is apparently everything that a sanitarian would
9. On the whole I am satisfied with the pro- gress made in the New Territory, where every thing is being done without friction and with apparently the fall concurrence of the people.
I have the honour to be, Eir.
Your most obedient, humble servant.
HENRY A. BLAKE.
Govern r. &c.
JOSEPH CHAMBERLAIN, ALP.
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The Right Honourable
&c..
&.c..
Then follows the report of the Hon. J. H Stewart Lockhart, from which we make the following extracts:—
LAND.
The work of the Land Office in Hongkong as regards the New Territory for 1900 falls under two heads :-
(a.) The translation and registration | of deeds under Ordinanc› No. 3 of 1844.
(b) The registration of claims for the purposes of the Rongh Rent Roll. As regards (a.), the Registration Fees received from the New Territory last year amounted to 31,892, and Deeds relating to 431. Lots situated in 45 different villages were duly registered by
Memorials under the Ordinance.
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1900, Mr. H. E. Pollock being President, and Mr. Gomperts, Member. Mr. Kemp was ap- pointed Registrar, and on his removal to not at the Magistracy, Mr. Wood was appointed Registrar. A vory large amount of work had to be done before the Court could commenco its sitting. The formation of a proper demarca- tion staff and the arrangements connected with the registration and reception of claims provid-d full occupation for the Court, so that no sittings had been held up to the end of the year.
The Indians making the field to field survey were of course strangers to the country, and not knowing the language wore unable to ascertain particulars of ownership. It became therefore necessary to form a staff of Chinese demarcators to accompany the survey parties, and as the outcome of several experiments twenty Chinese, mostly villagers of the better class, were onlisted to make the recort of holdings. This work they have proved fairly competent to perform, but they are quite unable to read a map, and this necessitates their being accompanied in every case by a surveyor oven when at work upon land the field to field survey of which has been completed.
The area selected for the commencement of operations as the long and narrow strip of territory, fronting the harbour of Hongkong and extending from the Liuman Pass on the East to the villaga of Lai Chi Kok on the West, on account of its great importance as an outlet for the expansion of the colony and its very high value. Unfortunately the inhabit- ants of this area were fully alive to the possi bilities of the situation, and it may be said that every foot of land anywhere near the ses is the subject of five or six conflicting claims. is impossible to believe in the bona fides of many of the claimants or to imagine that their own Government would have given a patient hearing to many of the demands now put for ward. At the same time when it is remembered that the Chinese authorities had never made
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survey and that the Chinese magistrate seldom or never settled disputes over land of little value by personal inspection, it is evident that considerable patience and caution are DOW needed.
The question has been raised whether it is desirable to continue the registration of instru- ments in the Chiuese language dated in some cases many years before the Convention. It is found that villagers who have deposited their documents for registration and paid the proper fees are apt to imagino that their title has Besides the strip of country on the North been recognised by Government, and that they shore of the harbour, lesser islands lying need not trouble further to bring their between Hongkong and the largo Island of claims before the Land Court. Moreover, the Lan Too have b’en taken as test cases. Firo lot number given on registration of a deed does of them being barren and practically valueless not relate to any map, for the simple reason have not been claimed and will therefore be that there is not yet one available, and as the considered as Crown Land. Four of the others boundaries and the description of the land in were claimed by the representatives of wealthy the Chinese deed are invariably extremely families on the mainland, but no decision had vague, it is impossible to ascertain with any been given by the court ap to the end of the certainty where the land affected by the in- year. strument is really situated. It is true that the title of a registered owner becomes absolute if he remains in possession for 2) years, but in view of the constitution of a special tribunal- tho Laud Court-all claims will have been enquired into and fresh titles or certificates of title issued by a very much earlier date. It would no doubt be desirable to continue the operation of the Ordinance in the New Territory for all con- veyances and other deeds executed since the territory has become British, but it will pro- bably be advisable to discontinue the registra tion of older deeds until their validity has been decided ou by the Land Court.
Until a rent roll based on the cadastral sur· vey and the results of the work of the Land Comt has been completed. the land revenue of the New Territory cannot be collected in anything like a satisfactory or thorough man- ner, though every attempt will be made in the meantime to collect as much Crown rent as possible
TIS LES.
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I attach a memorandum by Mr. Gompertz, Member of the Land Court, upon Land Tenure and Titles in the New Territory. He recom. menda a modification of the Torrens System of Title by Registration, such as is in use in Malacca and the Federated Malay States, for the New Territory. In view of the very large number of small" Chinese holdings in the New Territory, I am of opinion that this system will prove more effectual than the technical procedure based upon English law now in use in Hongkong.
LAND COURT.
The Land Court, established by Ordinance No. 18 of 1900, was constituted on the 1st June,
There can be little doubt, however, that the } operations of the Court will be far more rapid and the difficulties less in the districts to the north of the Kowloon watershed, from which most of the land revenne must be drawn in the future. The land ontside permanent cultivation has been regarded by the Chinese as of little value, and will therefore be rarely claimed, while the ownership of land under crops is usually well-known and will hardly ever be the subject of dispate.
SURVEY.
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Mr. Tate and his assistant, Mr. Newland, with their staff of trained Indian Surveyors and coolies have been continuing the survey of the New Territory throughout the your, An area of 4,000 square miles has been triangulated, and of the points laid down, those which are situated within the New Territory are being marked. An area of 300 square miles has been surveyed on the scale of one inch to a mile for the topographical map, while an area of 4,500 acres has been surveyed partly on the scale of 18 inches and partly on the scale of 32 inches to a mile. A special survey of the Chinese town of Kowloon together with its walled or fortified portion has also been made on the scale of 64 inches to a mile.
Progress has not been rapid, partly owing to unfavourable weather, and it is evident that the work will cost more than was anticipated by this Government on the report of the Surveyor-General of India. As, however, the triangulation and the topographical survey aro almost complete, it has been decided that Mr. Tate should return to India and that Mr. Now- land should be retained with such staff as may