Hon. W. M. DEANE, M.A., C.M.G.,
Hongkong,
Acting Colonial Secretary.
119
1st October, 1890.
Sir,
Referring to previous correspondence, and particularly to my petition of 9th February, 1889, also in reply to your letter of 24th June, and to the proposal that my claims in respect to the resumption by the Government, on behalf of the Military Authorities, of a portion of Inland Lot No. 671 be referred "to a Board of Arbitration to be established in "the same manner as that prescribed by The Crown Lands Resumption “Ordinance 1889," I venture to point out that the circumstances took place four years before the date of this ordinance, which has no retrospective bearing, (and moreover has not yet received the approval of Her Majesty.) It would therefore appear hardly suitable to base any arrangement upon its provisions. Moreover it was passed for a wholly different purpose, viz.: the removal of nuisances, and the conservation of the public health.
The Crown Lease provides for "a full and fair compensation, "in case of resumption for the improvement of the Colony," I much doubt if land can be resumed, under this clause for purely military purposes; but whether this be so or not, an arbitration "to consider if
any compensation should be awarded, and, if so,
what " seems to me, in the face of such a clause in the Crown Lease, a little out of place.
#
To any one who takes the trouble to peruse the papers, it must
be evident that I have been the subject of a three-fold wrong.
Firstly--In the failure of the Government to complete the road "Hill Street" to the water side, as promised, which work has been, as yet, only partially carried out.
Secondly--In the resumption of ground, on behalf of the Military Authorities, in an unconstitutional manner; and
Thirdly-In that for twenty three years they have refused to give me possession of the ground, and eventually, five years ago, resumed the portion necessary to rectify their error in selling the Military reserve during the whole period of twenty-eight years demanding the payment of the full amount of Crown rental, viz.: $198.34 per annum to the present time.
I. I claim the fulfilment by the Government of its repeated promises to complete Hill Street to the water side. The absence of this road is a most serious depreciation of my several properties in this street, and is inflicting upon me heavy loss.
II. I claim a "full and fair compensation" in terms of my Crown Lease, for the portion of land which has been resumed, and also for the consequent depreciation of the remainder of the lot, together with interest from the date of resumption
✪ These words deleted, ace letter to Colonial Secretary of 3rd October,
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