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9. In the case of resistance by an English owner, whose loyalyt might be safely depended on, his property has been subjected to the most high handed and outrageous proceedings.* The Landlord has received definite notice of resumption at less than one sixth part of the price paid by the military for the adjoining properties. Sub- sequently separate notices to quit have been served by the Government upon each individual tenant upon the estate. These have in all cases been complied with: charitable institutions of many years standing have been closed: trading establishments have been scattered: warehouses have been cleared of their contents. Thereafter the widely extended property hus fallen an easy prey to the elements (which in Hongkong soon work havock with vacant buildings) and to Chinese thieves. Then, after years of correspondence tergiversation and delay, a curt notice has been received that the War Office has changed its mind; that the property is not required, and is thrown back upon the owner, without a dollar of compensation or a word of apology. It is now in thorough disrepair destroyed by wind, water and white ants: the adjoining properties on either side of the street have been resumed, and the tenants evicted; the property has in fact been deprived of its business connexion, and, in order to obtain fresh tenants, it is necessary to demolish it entirely and rebuild at a cost sufficient to rain any other than an exceptionally substantial man. Such proceedings are calenlated to obscure, in the eyes of Chinese, the bright character of British Justice, and to alienate affection and reverence from our Government.
10. These resumptions, the necessity or desirability even of which has never been understood by the inhabitants either Civil or Military, have caused the requirements of the Government in this direction to awaken terror and aların rather than congratulation in the minds of Crown Lessees.
11. In the new form of Crown Lease issued during Mr. Price's rule an attempt is made to prevent appeal from the decision of the Surveyor General by providing, in the concluding clause, that
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upon the exercise of such power (of resumption) the term and estate hereby created shall respectively cease determine and be void."
12. We venture to state our belief that it was never the intention of the Imperial Government that arbitrary and irresponsible power should be exercised, in a changing place like Hongkong, by the Surveyor General, from whom there should be no appeal.
13. We can only suppose that this new form of Crown Lease was not submitted to the Colonial office for approval. So also with the Crown Lands Resumption Ordinance, No. 23 of 1889. This is distinguished in the same manner by a provision preventing all appeal.
14. After providing for a notice of four months to surrender property, it is expressed in section three, clause III. "On the expiration of four months, as aforesaid, the land shall revert to the Crown, and all rights of the owner, his assigns or representatives, or of any other person in or over the land or any part thereof shall absolutely cease.'
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15. No use has, at present, been made of the powers conferred by this ordinance, but we would, most respectfully, ask your Lordship whether it is right that, in such a case as this, all appeal should be disallowed ?
16. The Board is composed of three persons viz: one of the Judges of the Supreme Court as Chairman, an officer of the Government, who may be the Surveyor General, and one other to be selected by the owner of the property. This is very different to the condition inserted in some of the earlier Crown Leases which we hold, †providing for the
* Marine Lots Nos. 20 and 21,
+ See Lesses of Farm Lots Nos. 23 and 59 forwarded with letter of 12th June to the Right Honorable the Secretary of State for the Colonies.
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