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Chu Chuen's executors are now in possession of reclaimed land to which they have no right. They admit this fact, though they deny the extent of it. Yin Chow's successors in title have no rights whatever to this laud. They have, however, what Yiu Chow bad, a right to ask the Governor to make them a grant of new land, or of a sum of money by way of compensation for damage occasioned to their property by the
works.
The land which Chu Chuen's executors hold wrongfully, by reason of the wrongful grant to them by the then Governor, belongs to the Colony and could only be disposed of as other Crown land.
Now as to the determination of the extent of laud of which they are in wrongful possession, these facts cannot-if my judgment on these points is right-be denied.
First, that Chu Chuen put forward within the time appointed by the Ordinance reasons why, as the largest holder of Marine Lot 53A, he was entitled to a proportionate share of the reclamation. The Govern- ment by its Colonial Secretary, and its Land Officer, led him to believe that his views were accepted by the Government, which was subsequently confirmed by its Land Officer. Secondly, the Government relied on the preamble of s. 9 of the Ordinance as shewing that his "equitable pro- portion was only the strip in front of the frontage to the Remaining Portion. In this they are wrong. But they are right in contending that by the plan, as sanctioned by the Ordinance, he is only entitled to so much. But the question whether this is a just subdivision in the circum- stances, or to use the Government expression, whether it is in fact an equitable proportion" has never been considered, much less decided on its merits. The point was legitimately raised by Chu Chuen immediately, it is a point on which at least I have some doubts whether he was not right for reasons which I have already given, certainly if all lessees in similar predicament had stood out: even, I think, if only Chu Chuen did so, that was a question which might very properly have been referred bome for advice instead of being brushed aside as it was. I therefore suggest that this point, by agreement between Chu Chuen's executors and the Government, should now be referred home for the opinion of some person-preferably the Law Officers of the Crown--to determine.
Meanwhile judgment must be entered for the defendant with costs.
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