HONGKONG, 14th June, 1898.
SIR,
18, BANK BUILDINGS,
Hongkong, 11th February, 1896.
I have the honour to acknowledge receipt of your favour of the 5th instant, acknowledging my letter to His Excellency the Governor, denying that access to Marine Lot No. 184 had been interfered with by the Reclamation works.
Your reply, I regret, leaves no alternative but to commence legal proceedings against His Excellency as the officer appointed and as the only one empowered to assess the compensation. Before taking such an extreme measure however I think it but courteous to inform you of the course advised to enable you to avoid such a procedure should you think fit.
I have the honour to be,
Sir,
Your most obedient Servant,
MATTHEW J. D. STEPHENS.
The Honourable J. H. STEWART LOCKHART,
SIR,
Marine Lot No. 184.
On the 25th April I sent in claim for value of Marine Lot No. 184, arising out of the said Lot being converted into an Inland Lot by the Reclamation in front thereof; and also claim for loss of rents for the years 1896 and 1897, caused by interference with access by water to our frontage by the Praya Reclamation works.
As yet I have not been informed what is proposed to be done to settle these claims; and seeing that the subject has been under the consideration of the Government since 1892, and that I have the authority of the legal adviser to the Government that the time has now arrived for the investigation of the claims, I shall feel obliged if you will bring the matter to the notice of His Excellency the Officer Administering the Government for his directions.
I have the honour to be,
Sir,
Your obedient Servant,
THOS. HOWARD.
HONGKONG, 25th April, 1898.
The Honourable T. SERCOMBE SMITH,
Acting Colonial Secretary,
SIR,
Marine Lot No. 184.
Referring to previous correspondence on this matter, and to the remarks of the Attorney General before the full Court on the 30th March last, that when the Reclamation works were carried on in front of our Godowns, then would be the time for the investigation of our claim; I have now to tell you, for the information of His Excellency, that the said works are now being proceeded with, and that our Godowns will be of no farther use for the purpose for which they were built when our Marine Lot is converted into an Inland Lot by the interposition of the Reclamation between it and the sea.
The Attorney General also said that he would have no objection to me making a further claim for intermediate damage caused by silting up of the foreshore, during the period before the Reclamation works actually reached the front of our premises, which has occasioned a partial loss of rentals from the year 1895.
The claim I have now to make is, as follows:
Value of Marine Lot No. 184 with the Godowns standing thereon $282,459.00 Loss of Rentals for the year 1896 $5,818.19 1897 $10,944.30 $5,126.11 Total $293,403.30together with Interest thereon from the 1st January last at the rate of six per cent. (6%) per annum, less the net amount received for rent of goods stored in the Godowns as from that date until payment of claim; as well as costs of suit.
Any further particulars you may require, I shall be happy to supply.
I have the honour to be,
Sir,
Your obedient Servant,
THOS. HOWARD.
The Honourable T. SERCOMBE SMITH,
Acting Colonial Secretary,
No. 968
SIR,
COLONIAL SECRETARY'S OFFICE,
HONGKONG, 14th June, 1898.
With further reference to your letter of the 25th of April last, the receipt of which was acknowledged on the 26th April. I assume you were writing on behalf of Mr. M. J. D. Stephens and yourself. Please let me know whether this is so.
2. On that assumption, I am directed to inform you that the Officer Administering the Government, while reserving to himself all the rights and powers conferred upon him by sub-section VI of section 7 of Ordinance 16 of 1889, and without, in the least, admitting that you have any claim for compensation, is quite willing to investigate and take into consideration any injury which Mr. Stephens and yourself may have sustained by the Reclamation Works, before exercising his discretion under the Ordinance before referred to.
3. It will, of course, be necessary for you to support by evidence any allegations of damage sustained, and it would appear to be the most convenient course for you to forward, in the first place, to the Colonial Secretary, full particulars of the damages for which you ask compensation, showing how your figures are arrived at.
4. Such particulars should be accompanied by the evidence on which you rely to support them, such as reports, extracts from your books, written statements, &c., verified, where practicable, by Statutory Declarations.
5. In submitting your application for compensation you should bear in mind that the Government is under no obligation to resume your lot.