Copy.
13
PONG WAI TING and OTHERS 1. THE ATTORNEY GENERAL FOR FILE
COLONY OF HONGKONG.
(0.J. Action No.276 of 1923)
ME AND A mo na ng mga ng mag van ng mg
COPY JUDGMENT
By the Convention of 9th June, 1898, a certain portion
of the Province of Kwang Tung, which is now known as the New
Territories, was leased by the Chinese Government to the
British Government for a term of 99 years; and it was amongst other things specifically provided in the Convention that "there will be no expropriation or expulsion of the inhabit- ants of the district included in the extension, and that if
land is required for public offices, fortifications or the like official purposes it shall be bought at a fair price*.
By the Order in Council of her late Majesty, Queen
Victoria for the administration of these New Territories of
the 20th October, 1898, provision was made
(a) That these territories were to form part of the Colony of Hongkong, as if they had originally formed part thereof; (b) That the legislature of Hongkong should be competent to make laws for the peace, order and good government of such
territories as part of the Colony; and
(c) That from a date to be fixed by Proclamation of the Governor of Hongkong, all Laws and Ordinances in force at that date in the Colony were to be and remain in force in the New Territories until repealed by Her Majesty or by the Legislature of the Colony.
Proclamation to come into effect on 17th April, 1899, was issued on 8th April, 1899, and is still in operation.
The Plaintiffs claim to be the owners of several parcels
of land situated in the New Territories, and allege that certain action which the Governor in Council has purported
to