4. The Land Officer shall, immediately on the coming into operation of this Ordinance, register in the Land Office of the Colony against every lot or portion, section, or sub-section of any lot hereby resumed a memorial of such resumption in the form in the third schedule hereto.
5. (1) Subject as hereinafter mentioned full and fair compensation shall be paid to the owners of the said lots of land and to all persons having any right or interest therein or in any part thereof in respect of which they could have maintained a suit for damages in any Court, if their right or interest had been summarily determined or interfered with as from the 1st day of June, 1894, by the authorized act of any person whomsoever, provided always that no tenant at will or monthly or weekly tenant shall be deemed to have any right or interest entitling him to maintain any such suit or to claim compensation.
(2) No suit or action shall be brought or maintained against the Crown or against any person for compensation or for any loss or damage resulting to any person from the resumption of the said lots of land or any of them, or from the closing of such roads and streets under this Ordinance, but all claims for such compensation or for any such loss or damage shall be brought before and shall be determined by a Board of Arbitration which shall consist of three persons and which shall be constituted immediately after the coming into operation of this Ordinance in manner following, that is to say:
(i) One member shall be appointed by the Governor, and he shall be the Chairman of the Board; one member shall be elected by the unofficial members of the Legislative Council, and one member shall be elected by the owners of the lands mentioned in the first schedule hereto, or their attorneys or agents.
(ii) No member of the Board shall have or hold any interest whatever in the lands resumed by this Ordinance.
(iii) (a) The unofficial members shall on notice in writing from the Colonial Secretary sent to each member meet and nominate within seven days from the receipt of such notice such person to be a member of the Board as they may think fit and shall forthwith give notice thereof in writing to the Colonial Secretary.
(b) Such meeting shall be convened and presided over by the Senior Unofficial Member and at such meeting three shall form a quorum and the votes of the majority of the unofficial members then present shall prevail and if the votes be equal the senior unofficial member shall have an additional casting vote.
(iv) (a) Within 7 days from the coming into operation of this Ordinance the Deputy Land Officer shall cause to be published in the Gazette and in one English and one Chinese newspaper a notice convening a meeting of the said owners of the lands mentioned in the said first schedule for the purpose of electing a member of the said Board, and such meeting shall be held not later than 7 days after such notice at the time and place therein mentioned. Such notice shall be deemed valid and effectual for all intents and purposes, and shall be deemed notice to all persons mentioned in the said first schedule and to their attorneys and agents in the Colony.
(b) The Deputy Land Officer shall preside at such meeting and shall, if three fourths of the said owners are not then present in person or by their duly authorised attorneys or agents, adjourn the meeting to some other day not being less than 7 days or more than 10 days thereafter; and shall publish in the Gazette and the local newspapers aforesaid notice of such adjournment, and at such adjourned meeting the election of a member shall be proceeded with irrespective of the number of owners present or represented.
Memorandum of resumption to be registered at the Land Office
Compensation for resumption.
No suit for compensation to be determined by a Board of Arbitrators
Constitution of Board.
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