129
Perjury is only punished when it is wilful, deliberate and on a point material to the issue. Yet here any false statement, however unimportant, may be punished by summary conviction, whether relevant to the issue or not. Contrary to the maxim 'de minimis non curat lex'.
Lands.
Lastly, I am of opinion that such a law giving such extraordinary powers to the Registrar General is unnecessary. The raison d'être for the ordinance is stated to be the unwillingness of the Chinese in the New Territory to come in and give information as to their lands. Yet I find that out of an estimated population of 100,000, no less than 25,540 have come in and registered their claims. Even if the actual population was double the estimated figure, I would consider this a very large proportion and, as many as the Land Office could deal with in a year. See also the latter part of paragraph 1 of Mr. Lockhart's memorandum.
I take it that for no other purpose than that of securing the registration of titles would Her Majesty's Government approve of such an ordinance, and if, in spite of the large number of claims put in, it is still thought necessary to have some further powers, I submit they should be conferred on the Squatters Board, which I believe is presided over by the Chief Justice. The Squatters Ordinance was introduced by me as Acting Attorney General in, I think, 1899, and the powers granted to the Board are quite sufficient for all present purposes - the Modus operandi of the Board could easily and with efficacy be applied to land in the New Territory. I was a member of the Board, first as Land Officer and then as Acting Chief Justice.
(3)