Enclosure 1.
302
To
The Right Honourable THE EARL OF ELGIN, K.G.
His Majesty's Principal Secretary of State for
the Colonies.
THE HUMBLE PETITION of TONG TSE SHI (A) and TONG CHAN SHI (PA) of No.6 Pak Tai Lane Victoria in the
Colony of Hongkong Executrixes of the last Will and Testament of TONG WAN CHIU () late of Kowloon City in the said Colony Deceased and KU TAI SHAN (£) of 343 Des
Voeux Road West in the said Colony of Hongkong Merchant.
Sheweth as follows:-
1.
By an Agreement made the 4th day of January 1901 between Tin Pat Hing (10 30 48p ) and Li Sau San (4) (thereinafter called "the Vendors") of the one part and the said Tong Wan Chiu and Ku Fai Shen and one Cheung Ching Shan (5) (thereinafter called "the Purchasers") of the other part the Purchasers agreed to purchase and the Vendors agreed to sell All the interest of the Vendors of and in certain premises described on the plan thereto annexed being a piece of land upon the sea beach opposite Kowloon City in the Colony of Hongkong for the price of $25,000. The said price was to be paid and the purchase was to be completed within one month after the Vendors should have obtained a Certificate or other due recognition of the full and complete title and ownership of the Vendors to the said premises from the Land Court or Government of the said Colony of Hongkong.
2.
In accordance with the procedure prescribed by Ordinance No.16 of 1900 a claim to the property in question was laid before the Land Court in the name of Lam Tak Luk ( †† 18 43 ) and Lam Cheung Fuk (林
3.
who were the original owners of the said piece of land,
The claim was heard and evidence was taken before the Land Court and the matter was fully enquired into by them and the Claimant Lam Tak Luk was examined and produced his title deeds.
4.
On the 4th day of December 1901 the Land Court consisting of the Honourable Mr. H.E. Pollock K.C. and Mr. H.H. Gompertz gave Judgment upon the said claim in the following terms:-
"The Claimants in Claim "U" No.1 Survey District and in Claim K No.2 Survey District are the same and as these claims adjoin each other and but for the fact of their being intersected by the boundary line between No.1 and No.2 Survey District would have been laid as a single claim and especially as the root of title is the same it is convenient that one Judgment should cover them both.
"The root of title is a red fishing ground deed (Exhibit "g") dated in 8th K.S. "It is supported by tax receipts and mentions a tax covering 40.59 acres. The claims are for sand banks by the sea and the plan Exhibit "X" gives 45.768 acres as the area claimed. Of this area 1.036 falls within the old Colonial boundary and was consequently British Territory before the Convention of June 9th 1898 and must therefore be excluded from consideration.
"Of the remainder an area of 40.59 acres to be taken within the boundary stones laid down by the Claimants is allowed to them by the Court.
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(sa.)