See sale plan page 10.
See cloth plan at end,
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for the filling in of his Marine Lots Nos. 177, 178, 179, 180, 181 and 182, on the opposite side of the road, and especially the praya in front of the same, as will be seen from the Surveyor General's letter of 5th August, 1885 and Mr. Sharp's reply of the 11th idem, * Instead of having this material close at hand, and passing it down an incline to the sea wall, he was, in consequence of the action of the Government, compelled to fetch it from a distance of several miles in boats.
The great depreciation, owing to the want of the Southern street, which has been dwelt upon in reference to Inland Lot No. 670, is now inflicted upon Inland Lot No. 671, the balance of 13,350 feet being most materially reduced in value. The Crown Lease issued to your Petitioner on the fourteenth day of June 1862, is signed by Sir Hercules Geo: Robinson in the name and on behalf of Her Majesty. It bears the public seal of the Colony of Hongkong. It is certified to be correct by the Surveyor General and is registered by the clerk of Deeds Registry.
The claim to the easement at the South side of the Lot by the public street, as described in the Crown Lease, has never been surrendered by Mr. Sharp, nor has one word ever been said or written by the Government in acknowledgement of the error made on 28th June 1861, in selling a portion of the War Department reserve, or in retractation of their repeated promises to make the road, The continuance of Hill Street to the sea side, as indicated in the Govern- ment sale plan § of this Lot No. 671 and repeatedly promised at the sale and from time to time thereafter, †would have made this quarter a most important entrance for the trade from the West, and the street one of the leading thoroughfares. In place of which the resumption by the Crown of this hill portion has completely closed up what should have been a gateway of trade, and renders it now impossible that these long cherished hopes can ever be realized. Mr. Sharp was officially informed and always led to expect that his property would be bounded on two sides by important thoroughfares, the very name of "Middle Street," between Bill Street and the Praya, was given to this road by the Government in confirmation of its promises that these streets would be made, according to the plan.*
**
The abandonment of the original intention is a most serious injury to the value of the property, the Western corner of which, being included in the Military reserve, the Government had no right to sell; but, whilst refusing possession, neglecting to make the street and preventing the cutting by which alone the southern moiety of the lot could be rendered in any way available, the Government has insisted, disregarding all remonstrance, upon the payment of the full amount of Crown rent for twenty seven years, and have forcibly resumed, against protest, upon tender of a nominal consideration only, one half of the lot, to the most serious injury of the remainder still demanding crown rent for the whole. This has been done "for the improvement of the Colony." Nothing being said about the Colonial Government's original error in selling a portion of the War Department property, and under- taking to make a street through a further portion. This error was known to the Public works Department in 1873, as shewn by the letter from the Surveyor General dated 8th November 1873, and that from Colonel Grain, Commanding Royal Engineer, dated 20th December 1873. Even after this discovery Mr. Sharp's application of 1st and 13th October 1875 for an abatement or diminution of the Crown rent
* See correspondence herewith. page 15 and 16.
† Subsequently to the execution of the Lease.
**This name "Middle Street" was inserted as Crown Lease boundary so late as 1886 and
in the Government Gazette in 1887 and it is only since then that the name has been changed
to “Queen's Road West."
To this day
June, 1891, the property resumed remains in exactly the same condition, nothing having been done beyond placing the War Department boundary stones.
At four times the cost.
And two Shops' Ground being lost,
31