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telephoneand telegraph wires and using, repairing and maintaining the same, paying to the customary landholder such compensation for any damage occa- sioned thereby as might be assessed by the Regis-
trar. Should the landholder be dissatisfied with
such compensation he might appeal to the Supreme
Court in the manner provided in Section 20 of the
Ordinance.
(D) to the payment to any persons of such rent charge
if any as the Land Court should have decided to be
payable out of such customary land;
(E) to the right of the Crown to take possession of
such land upon paying to the customary landholder
full and fair compensation; such compensation to be
fixed by the Registrar; should the landholder be dissatisfied with such compensation he might appeal
to the Supreme Court in the manner provided in Sec-
tion 20 of the Ordinance.
(F) to the enjoyment by any persons of all rights of
way or other sasements or profits to which the Land
Court might have decided the land to be subject.
A customary landholder was defined as any claimant whose claim had been allowed by the Land Court,constituted in
1900, for the purpose of investigating titles to land. All
present holders derive their titles through such claim- ants. The Government of Hongkong therefore are precluded
from alleging that the interest of a landholder in the
New Territories was,at the date of the said Ordinance,
less than the interest described by the Ordinance; and it
is noticeable that there is nothing in Section 4 of the
Ordinance to prevent the landholder from using his land
for building purposes.
The