THE HONGKONG DAILY PRESS, FRIDAY, MARCH 14TH, 1924.
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HONGKONG LEGISLATIVE
COUNCIL.
TRANSFER OF MILITARY
ESTABLISHMENTS.
COUNCIL DEEMS THE PRICE UNWARRANTABLY. HIGH.
"
The Hon. Mr. H. E. Pettock, K.(:
Hun. Mr. P. H. Houroak: Sir, I rise to
Accordingly, it follows that the valun- tion of the military lands, as arrived at | endorse the views expressed by my col- between the Colonial Government and the league, the hon. Senior Official Member, local Military authorities in 109, being They represent, as he stated, the carefully -n valuation made by then: "conjointly." considered views of the Unofficial Mem- was a binding valuation, and any further bers who have repeatedly met to consider reference to an indepradent and com- Sir John Oakley's Award. In endorsing. petent surveyor" was clearly outside of them I am gind to say that it is our an the language of the Circular Despatch, animous opinion, as it is algo, we believė, which contemplated a reference to an the unanimous opinion of the Colony, that independent and competent surveyor" the vahtation figures of the Award are solely in the event of a disagreement be- unwarrantably high, very much higher tween the Colonial and Military authori- than the Colony should be called upon tica,
to pay. At the same time, and with due Moreover, we understand that, under regard to what my hot, colleague has similar circumstances in the past, the just stated, we do not wish this Award War Office' bâs, as we contend rightly to be unduly delayed. I should add that, upon the true construction of the Cira the representative of the General cular Despatch, left matters of valuation Chamber of Commerce, this matter has to be settled hotween the local Colonial heen considered by them on two peen- and Military Authorities, and we understons, and they are also of the view that stand that the only reason which the War the opportunity should be taken to settle Office has put forward, in the present this matter once and for all, as soon 29
THE AWARD ACCEPTED UNDER PROTEST.
A meeting of the Hongkong Legislative Council was held in the Council Chamber Sir, I have been asked by pay Coocial yesterday. There were present:~~~" colleagues to address this Council upon His EXCELLENCY THE GOVERNOR (Sir the resolution moved by the Government REGINALD EDWARD STUses (E.C.M.G.). for the acceptance of Sir John Oakley's HIS EXCELLENCY THE GENERAL OFFICE award, and what I am about to any re-
COMMANDING THE TROOPS (Major- General Sir Jons FOWLER, K.C.M.G., presents the considered views of all of us. In his address to this Council on the C.B., D.S.O.). Hon. Sir CLAUD SEVER, K.B.E.. C.M.G. 7th ultimo, Mr. Fisicher showed that this
(Colonial Secretary).
Colony was, on Sir John Oakley's "figures, Hon. Mr. J. H. Kevy, K.C., C.B.E making by no means a good train,
(Attorney-General),
having regard to the probable loss of very many years interest in the laying-out. and disposal of all the military lands, pro- posed to be taken ever, and owing to the f boom price of land during Sir John Oak-
leys visit here.
"
Hon. Mr. Mcl. Messen, O.B.E. (Colonial!
Treasurer):
Hon. Mr. H. T. CREY (Director of
Public Works).
Hon. Mr. A. E. Wooz (Secretary
Chinese Affairs):
for
Accordingly, bearing these facts in Hon. Mr. E. U. C. Wours (Captain mind, whilst we are not prepared to sit
Superintendent of Police).
Hon. Mr. H. E. Ponzocx, KC.
Hon; Mr. P. R. HOLTOAK.
Hon. Mr. A. O. Lasa,
Hon. Mr. A. R. Lowe.
sent from the proposed resolution, we desire to lay the following matters before the Government in order to see whether it may not be possible to obtain some alleviation from the heavy figures set down in Sir John Oakley's award-figures, which were arrived at on the very crest of a tremendous land boom, a boom far exceeding in intensity anything of the kind previously experienced in this
Hon. Mr. R. H. KOTEWALL. Hon. Mr. CHAU SI KL. Mr. A. G. M. FLETCHER. C.M.G., C.B.E. colony."
(Clerk of Councils).
MINUTES.
The minutes of the last meeting were approved by the Council and signed by the President.
THE MOSQUITO PERIL
or questions.
The Hon. Mr. POLLOCK said:- Sin-I beg to give notice that I shall put the following question at the next Meeting of the Legislative Council, namely
With a view to check the breeding uf mosquitoes, will the Government pass a regulation making. it compul sory to cut off all bamboo scaffolding immediately above the joint, so as to prevent a receptacle for standing water from being created."
instance, for not adhering to the same. interpretation of the Circular Despatek is that the present transaction was too uporant to be governed by a valuation
arrived at locally.
With deference, such. a reason seems to us to he an "inadequate one for de- parting from figurta which were carefully arrived at, after full investigation and inquiry and with special knowledge of local condituals, between the Colon
Government and
the local
possible:
The Hon. Mr. KOTEWALL: The Hon. Mr. Chow Show Son, before he left for Eng- and, and misself consulted the General Committee of the Chinese Chamber of Commerce on this subject. The Cham- her is one of the most representative Chinese bodies in the Colony, as the Committee agreed with us that in view of the imperative and urgent needs of the
Colors, the Avard should be expedited, Blitary authorities; and we, therefore, regard the but they urged that strong representa- tions should be made with regard to subsequent action of the War Office în
several points dealt with by: the Hon. forcing this Colony (in defiance of we ahorc-quoted words of the Circular Des. Senior Unofficial Member, with a view to as a legal right, but on the grounds of patch, and notwithstanding the absence obtaining some alleviation, not so much of any disagreement between the local Colonial and Military Authorities as to that ordinary fairness and unity which the Chinese community expect from the Home Government. The remarks of the the valuation of the lands) to lay its case before an independent and competent on. Mr. Pollock that some representa- surveyor," sa umpire, as being both arbi-tion should be made to the Home Govern trary and irregular..
ment have the endorsement therefore of the two Chamliers of Commerce as well as the Unofficial Members of this Council
The first port which we desire to make, in support of our above plea of allevia tion, is that a large proportion of these lands, which we are now seeking to take over, were conveyed to the Military in the early days of this Colony, as a free
Such arbitrary action by the War Office gift and solely for military purposes.. threatens to involve this Culony in the Fader snch circumstances, it appears payment of over 5 million dollars
The Hon. Mr. A. R. Lowe: Sir, I vise clear that, upon the legal authorities
exten (ie $17,000,000 against about On II.E. THE GOVERNOR inquiring whereinting to compensation, the Colony is $11,300,000), out of uur: funds, and will to support the Resolution. In the city Ither there were any notices of motions under no obligation whatever to do any make a serious extra inroad on our finan- of Manoliester-in which I was burn- thing more than to reprovision the milicial resources, depriving us of almost all there is a saying that if tha wants out tary that is to say--to provide the same the Reserves which we have been re-
for nawit, do it for the set. We cannot number of officers and men with equally cumulating for some years past..
The Unolicial. Members of this Couheil get these lund's hack for nothing, for the good accommodation on new sites.
Cripps on Compensation." 5th Edition (1905) at p. 116, the legal prinant view such a state of affairs with War Office is legally in possession, bak, in ciple applicable to such a case is stated quanimity, especially having regard to
the heavy commitments which lie before spite of the heary price we are asked to us in the near future of some millions of puy,. I think the Colony, in time to come, as follows:--
Such a sum is assessed as will en-pounds on the Fitzmaurice Harbour will get its money back, with good in- able the owner to replace the premises Scheuse aud seventeen to eighteen million
terest. It is no great hardship now for or lands taken by premises or lands dollars on the Shinpnun Waterworks which would be to him of the same scheme, besides other large expenditureus to part with money-which the Official.
for reclamation and building and general majority has insisted on hoarding up And in the ease of Lundna School Board development, to meet the urgent needs perhaps luckily for our children, but un- luckily for us. Anyway, we have the r. South Eastern Railway Company, 3 cf a rapidly increasing population!" T.LR. 710 (where and required by a Fortunately, very simple, reasonable, money ready in London, and I am glad to think it can be spent in Hongkong to. School Board, for the purposes of build-ml effective rendy lies to baud, namely, in a school, had been taken compulsor the reference of the above two points to advantage for, as the Yorkshire people ily) Jessel M.R. said
some high legal authority on Compensa say, "Money is just like huck, no guod tion Law, and, in this connection, we till spread." La my opinion we need the" would venture, to suggest that Lord Pars Army and Navy here for the safety and moor would be a most suitable arbitrator, convenience of Britishers and Chinese alike, and they must be made conifort- if he would kindly consent to act.
Two more points remain to he deal phile-even if the reprovisioning is on a
better and larger scale than their old with
quarters call for. I am in agreement with the remarks of the Senior Enoficial Menther in his endeavour to obtain a reduction in the price, but as we agree t to allow Sir John Oakley to value, the terms, and if there is any truth in what's lost by honesty is won back by stratagem." I hope the Honourable Man ber will live to win.
FINANCE.
The COLONIAL SECRETARY, by command of H.E. The Governor, laid on the table the Report of the Finance Committee (No. 8) and moved that it be adopted.
The COLONIAL TREASURER seconded, and the motion was agreed to.
PAPERS.
The COLONIAL SECRETARY, by command af H.E. The Governor, laid on the table the following papers:-
Regulation under section 25 (4) of the Merchant Shipping Ordinance, 1898. Regulations under section 17 of the Piracy Prevention Ordinancë, 1914."
SUPREME COURT RULES.
The COLONIAL SECRETARY, by command of H.E. The Governor, niso laid on the table Rules made by the Chief Justice under section 5 of the Judgments (Facilities for Enforcement) Ordinance, 10:1, and moved that they be adopted by the Council These rules, he said, were all very technical, and he would ask the hon. Attorney-General to second the motion and give any explanation that I might think necessary.
The ATTORNEY-GENERAL, ¡in seconding | the motion said: These rules were made under the Ordinance which provides for the enforcement in Hongkong" of judg ments made by the Courts in England. The rules are based on the English rules made by the senior Master of the Royal Courts of Justice in England,
The Bules were approved by the Council
value.
་
The school ought not cither to gain or lose by acquiring a new site." Applying the latter words to the pre- sent case, it may be pointed out that, inasmuch as the cost of reprovisioning the displaced military officers and men (1) It is most serious from the Colony's cannot conceivably exceed 10 million dol-point of view that the 3ilitary is to lars at the very outside, the Military reserve considerable areas which have the effect of cutting off one part of the Mili- would, on the Oakley valuation, "gain a very great deal in acquiring a new tary lands which it is suggested that we site." It may also be pointed out, in-bould resume from the other part, then lands, I agree, for celerity's sake, to the identally, that the Military authorities will also gain considerably in having new buildings in the place of old ones.
Reference may also be made on the above point to the modern Privy Council case of Corrie v. Mehermoll, 1914, A.Ç. too, the headnote of which ense reads as follows;
The Government of Queensland granted certain land to the trustees of the Acclimatisation Society, and with a provision that the fovernment might resume possession. paying the value of the land. The trustees had power by statute to sell the land, but only to the local authority or to a certain agricul tiral Association, the proceeds to be invested and the income applied for the It was held purpose of the Society. that, upon resumption of land by the Government, the trustees were not en- titled to be paid the unrestricted free- hold value of the land, but, in necord ance with the ordinary rules Es to com- pensation, the value of the fand to the trustees under the conditions upon which they held it.'
rendering those lands much more difficult to develop on the best and most paying lines, ., by driving roads paritel to the Queen's Road. The reserved areas in question are the Detention Barracks (the
IIE. THE GOVERNOR: I should like to Western part of which is badly require express my concurrence in practically for the much-needed widening of Garden everything said by the Hon. Mr. Pollock Rond) and the Headquarter House and but I am afraid I must look at it from grounds, and the married quarters, etc.a rather different angle. I do not pre to the south of such grounds. These re-tend to believe other than that I think served areas were valued by Sir John the War Office are driving a hard bar- gain with us, and of course I will trans- Oakley at a little over $3,000,000.
For the purpose of making this latter point clear it will suffice to refer to the following extract from the Military Land Circular Despatch, which was quoted by Mr. Fletcher in his speech to this Council
As regards the Detention Barracks, we understand that whilst they are tempor- arily being retained as a possible site for Headquarter Offices, the Military Authori tins have expressed their willingness that such Offices should be built on some other part, near Headquarter Flouse, of the Military Lands which are not included in Sir John Oakley's wird.
(2) Next there is a point which we thould like to have cleared up, in con nection with recital () in Sir John Oak-
it to the Secretary of State, for his consideration; the views which have beca
put forward by hon, members in regard to their demands for a reduction in the price. At the same time, I am hound to say that I do not think much is to he gained by that course. The net of the matter is that the War Office are and have heen, for many years, in possession acquired possibly in somewhat devions ways in some respects-of land which wo must have. We cannot take it by fores ley's award which states that if during and the question arises: How much is it the period of ten years from, the date of worth our while to religve ourselves f... : the ward, and before completion of the the incubus which blocking the pro- transfer, unforeseen circumstances shall eperity of the Colony? The price which The second point which we wish to in the opinion of the Army Council ren- Sir John Oakley puts for the removal f make is that, on the actual wording and der it desft de er expedient to withdraw the incabus is, in my opinion, an excep natural interpretation of the Circular any one or more complete block or lot tionally high one, but I think you must, Despatches relating to Military lands, or blocks or lots, then and in such event remember that Sir John Oakley was an both parties to the 1922 valuation, ie, only the Army Council shall be free and entirely independant person, who stands the local Colonial and Military authori at liberty to withdraw such one or more admittedly at the bead of his profession, ties, were legally bound by it
complete block or lot or, blocks or lots." and I think it would he unwise of me to We should like some assurance that the state with very much vehemence that bis above recital is only intended to cover figures are wrong. I allow that he in unforeseen circumstances rendering it more likely to be right than am. Bu necessary, as a matter of military urgency if we assume that his figures are too high, this Colony, that that we inust consider whether it is worth var for the defence of clause should he brought into fazer,
while to pay blackmail in order to get Valuation of lands or buildings. In conclusion, whilst we are driven by the military out of the ecutral site of when required under the circumstances sheer force of circumstances (by this the Colony. I submit that it is. above mentioned, should be made by Colony's urgent need, owing to the great think there has been sonic slight mis- the Colonial and Military Authorities increase of population and the consequent conjointly, or, in the event of their dis necessity for more roun for residential understanding with regard to the actual agreeing, by an independent and com.and commercial expansion, for the reinoney involved, because hos, anombers petent surveyor to be chosen by agree moval of the Military Forces from the have spoken as though we were going to ment between the Home and Colonial ost central positions in the heart of the hand over at once these large sums to Governments, whose report should be City of Victoria and the Kowloon Penin the Military. What we have undertaken final."
sula) to assent to the acceptance of Sir to do is to reprovision the Military and The meaning of the above" sentence is John Oakley's awaril, we do so under to find them suitable accommodation in clear.
protest because we feel that the first two exchange for the quarters we are taking away from them, and I think hon. mem. The Colonial Authoritics" means the points, suggested by us, ought to be hers will, agree that with standards of Colonial Authorities here on the spot, referred to arbitration. H.E. THE GOVERson: The resolution and the Military Authorities means We would add that there appears to be comfort having improved since those with regard to the military lands having the Military Authorities here on the spot, no reason why such n referenca should, quarters were built it is perfectly renson. been moved and seconded at a previous just as "Colonial Government means in any way, either delay the carrying out able to expect that we will provide ne- commodation in some respects at least meeting of the Council, it is open for the Colonial Governmeút here in long-ef any of the agreed transfers of military better than are the old ones, I do not kong, as distinguished from the Homelands or the selection of some site other thick, hon. members will begrudge any any hon member who desires to do 19, Government, which is also referred to in than the Detention Barracks for the erts: expenditure in that respect,
tion of Headquarter Offices. to make any comments on it
the above extract.
THE MILITARY LANDS AWARD.
The next business on the agenda was the further consideration of the following resolution which was moved and second ed at a meeting of the Council.on February.
****** Resolved that this Council approves the acceptance of the award of Sir John Hubert Oakley dated the second day of November, 1923, in respect of ter tain lands situated in the Colony of Hongkong now vested in the Army Council, as set out in Sessional Paper No. 1 of 1024, and recommends that steps be taken to give effect to it as soon as possible.''
on the 7th ultimo
MY.