503.
( 62 )
I
}
on.
( 63 )
at once that it is the intention of the Govern ment that one member should have some legal we say now 'bis Ordinance may be cited as Government officer having authority to grant that it is desirable to tie us down. It is quite the Land Court (New Territories) Ordinance, such license, or unless a claim to be entitled tussible that small claims might be looked by a owledge. t the same time I do not know 1900, and it shall apply only to the New Ter-such occupation has been duly presented to the person without what you may call any legal ritories, and to claims in relation to land therin." Court and has not been withdrawn or heard and calification but with a considerable amount of Coming to the second clause it was similar to the disallowed." It must be clearly understood that gemmon-sense and considerable knowledge of second clause of the Bill in its old form but I, as Attorney-General of this colony, maintain and. which had not interpretation clauses attached in spite of any suggestions which may be made to it.
These who had had experience in draft by any other people, that the whole of the intention of the Government, would it uot The Hon. T. H. WHITEHEAD-That being ing Bills considered it very necessary to have land in the New Territories belongs withou well to have it inserted in the Ordinance that au interpretation change to facilitate the under- a doubt to Her Majesty, subject to the he senior member of the court shall be a duly standing of the Bill and pin down words and terms of the Convention. It belongs to Her qualified legal practitioner. phrases to their proper meaning. The interpre Majesty during the term of 99 years ntentioned The COLONIAL TREASURER-It is also im- tation to the Bill was contained in the second in the Convention, and during that term shs portant we should have a man with a knowledge olause and was as follows. The Court ueaus has sole jurisdiction in the New Territories of Chinese. the Land Court constituted under this Ordinance, It is so stipulated in the Couvention. Sols and shall include any member thereof acting jurisdiction means that nobody else has any Attorney-General)-Do you see any objer- alone in matters where one member has jurisjurisdiction-the Emperor of China or anybody tion?
His EXCELLENCY the GOVERNOR (to the dietion conferred upon line by this Ordinance.elso. Consequently during that 99 years there Land includes buildings thereou and also land can be no title hetd except from the Crown. If very safely be left to the Government. I would The ATTORNEY-GENERAL-I think it could covered with water or within the flow of the a person had a title from the Emperor of Chinadvise the Government to appoint a proper per-
Claim in relation to land includes a claim at the time the territory was taken over, the to a right of common or other profit or benefit, Land Court would recognise that title and Government to suggest that they would appoiut I think it is rather a reflection on tho or to any easement or other iutorest from, in, recommend that a suitable title by Her Majesty upon, or over or in respect of any land. New should be given. The kind of title would he Territories means
n improper person to the Land Court. the additional Territories for your Excellency to decide,
The Hon. T. H. WHITEHEAD-I can hardly acquired by this Colony under the Convention dated the 9th day of June, 1898, between Hor to section of the Convention P
llow the Attorney-General's logic and reason The Hon. T. H. WHITEHEAD-May I refer ng. If it is the intention of the Government Majesty Queen Victoria and His Imperial Majesty the Emperor of China for the enlarge-liar with it. I have studied the matter most
to have a gentleman with legal knowledge at The ATTORNEY-GENERAL-1 at most fani. the head of this Land Court, why not put it in ment of the limits of this Colony, including carefully,
he Bill We shall then know what we are the City of Kowloon. The marginal notes
doing. explain the various clauses. The only one I need trouble to explain to you is No. 3. In case of small claims it would he simply a waste of time to employ two or three judges, conse. quently que member of the Land Court sitting alone will have jurisdiction to bear and finally determine the following:-(a.) Any undisputed claim, and (b) Auy disputed laim in which the value of the claim shall not, in the opinion of such member, excuad two hundred dollars, and (c.) Any disputed claim in which the parties consent to have such claim determined by one member, Provided also, that in case of a difference of opinion when both members are sitting together, the decision of the Pre-ceive a great deal of respectful consideration sidont shall prevail. As regards clause 15 I may just say a word. There is nothing con- trary to the convention in it. They will find that the new clause 15 is practically the same as clause 12 in the old Bill. Clause 15 says :--- "All land in the New Territories is hereby declared to be the property of the Crown, during the term specified in the Convention of the 9th day of June, 1898, hersiabofore referred to, and all persons in occupation of any such land, after such date as may be fixed by the Governor by notification in the Gazette, either generally or in respect to any specified place, village, or district, shall be deemed trespassers as against the Crown, unless such occupation is authorized by grant from the Crown or by other title allowed by the Court under this Ordinance, or by license from the Governor or from some
honourable gentleman misunderstands
HIS EXCELLENCY THE GOVERNOR-The position. The Bil before the Council at the the present time is the Bill that has been read a able member has had placed in his hands is second fame. The new Bill which the honour- simply the Bill with the proposed amendments, which for the convenience of members have been printed and circulated, so that they may study them instead of having them sprang upon them. these amendments have been recommended by But it must be remembered that every member of the Law Committes exceptone, who, unfortunately, was unable to attend. There fore I take it that every amendment will re-
from the Council, because if that one wvember ing Law Committee, and had agreed to the had been present at the meeting of the Stand. amendments, this Council could bare accepted toe and without consideration clause by clause. the Bill en bloc as amended by the Law Commit-
clause 3 of the Bill should staud over for farther The Hon. T. H. WHITEHEAD proposed that cousideration until the Government had made up its mind who the two metabers who should com- pose the court should be. He suggested that it made to guarantee that one of the members, was desirable that some provision should be the senior one should have some legal know. ledge.
it is very desirable that one of the members His EXCELLENCY THE GOVERNOR-I think should have some legal knowledge. I may say
PRESENT:-
His EXCELLENCY THE GOVERNOR-I Would point out that theory is very fine, but an ounce posing the legal member of the court was going of practice is worth a pound of theory. Sup-
do the business for a few months. Is there a legal man in the colour more capable of deal. on leave and we wanted to get a gentleman to
ing with cases that would come before the Land Court than Mr. Bruce Shepherd if he momber's suggestion were adopted it would were appointed? And yet if the honourable deprive the Government of the power to ap- polut someone to act, who was perfectly com- practitioner. potent to do so, because he was not a legal
The ATTORNEY-GENERAL-It must be borne in mind in addition that the ort will sit ou for instance, the Puisne Judge over there, as, if the other side, and it is not always possible to get, he went over to the other side to the Land Court hanging fire. the business of the court on this side would be
The Hon. T. H. WHITEHNAD proposed that poned until the next meeting of the Council, the further consideration of Clause 3 be post-
Hon. Wei A Yak and the Hon. Dr. Ho Kai but the proposal was not carried, himself, the being the only members who voted for it.
The rost of the clauses were then gone through and the Bill passed through the com- mitten stage.
The Council then adjourned until next Thursday.
26TH MARCH, 1900.
Hrs EXCELLENCY the GOVERNOR (Sir HENRY BLAKE, G.C.M.G)
His EXCELLENCY Major-General GASCOIGNE, M.G. (Commanding the Troops
The Hou. F. H. MAY, C.M. (ACTING Colonial Secretary).
Hon. W. March GOODMAN (Attorney-Gene.
all.
Ton. A. M. THOMSON (Colonial Treasurer), Hon. R. D. ORMSBY (Director of Public Forks).
Hon. A. W. BREWIN Hon. H. C. NICHOLLE. Hon. C. P. CHATER, C.M.G. Hon. Dr. Ho KAI.
THE HON, T. A WHITEHEAD'S PROTEST. The Hon, T. H. WHITEHEAD, paruant to notice, laid on the table his protest connection with the New Territories Led Court Bill.
FINANCIAL.
The ACTING CONIAL SECRETARY laid on the table Financial Minutes Nos. 10, 11, and 12, and moved that they be referred to the Finance Competttee.
The COLONIAL TREASURER seconded and the notion was carried,
DISORDERLY HOUSES,
The Hon. I. H. WHITEHEAD gave notice of his intention to ask the following question at the next meeting of the Council:--Will the Honourable e Registrar General inform the Council whether it is a fact that the occupants of disorderly houses who had been moved ont of houses in the Centrik, districts and gone into houses to the West thereof are again being JOHNSTON (Acting Clerk of moved and if so whether the moremonts have been or are being effected by virtue of orders
Hou. T. H. WHITEHEA Hon. E. R. BELILIO, C.M.G. Hon. WEI A Yo
Hon. J. J. KWICK. Mr. R. Councils
166