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all the land valuers in the Colony competent to act as assessors were already retained by the lessees, with the exception of Mr. Shelton Hooper, who had been retained by the Government, and had made a very full report on the claims: it was therefore impossible to find any independent person competent to act as
assessor.
29.
The amending bill was passed on 17th March 1911 (Ordinance No. 6 of 1911).
30. In the interval between the Harbour of Refuge Ordinance 1909 and its amendment in 1911 the Highways Ordinance was passed (21 of 1910) on 19th August 1910 giving the Governor-in-Council power to stop up, divert or alter the level of any Street after the publication of certain notices and providing for compensa- tion to be assessed by two arbitrators for any injury arising out of such alterations. Section 9 of this Ordinance expressly excepted works under the Harbour of Refuge Ordinance.
31. The Attorney General advised that the Highways Ordinance should validate all past alterations &c of Streets, but his advice was not accepted.
32.
The Highways Ordinance, 1910, was not opposed in any way by the lessees of Kowloon Marine Lots 29, 30 and 31.
33.
No claims have been put forward in respect of injury occasioned by alterations &c in Streets carried out before the passing of the Highways Ordinance, by any lessees other than those of Kowloon Marine Lots 29, 30 and 31.
34. The Highways Ordinance does not recognize any right to com- pensation in respect of such past act, and there is no provision in the local laws or Crow Leases under which a lessee could claim such compensation.
Such a claim could only be based on the principle that the
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