PUBLIC RECORD OFFICE
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Reference :-
C.O. 882
PUBLIC RECORD OFFICE, LONDON
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Enclosure 3 in No. 234.
Minute by the Acting Attorney General.
Honourable Colonial SECRETARY,
In the case of a cession of territory the population of such territory is subjected (unless otherwise stipulated by treaty) to the sovereignty of the State by which such territory is acquired. (See Hall on International Law, 2nd Edition, page 527.)
In the present case, however, the new territory has not been ceded to us, but has only been leased to us for ninety-nine years, and I am, therefore, of opinion that Cheung Ting Shung cannot be regarded as a British subject.
In view, however, of the great importance of this question, and of the doubt of direct legal authority upon this subject, I would suggest that it would be proper to request the Secretary of State to take the opinion of the English Law Officers of the Crown upon this question of nationality.
It is most desirable that such a question should be definitely settled by high authority, as it may become of considerable moment in the administration of justice, and in other matters.
July 8, 1899.
23731.
(No. 202.) SIB,
No. 235.
H. E. POLLOCK,
Acting Attorney-General.
GOVERNOR SIR H. A. BLAKE to MR. CHAMBERLAIN
(Received September 4, 1899.)
[Answered by No. 246.]
Government House, Hong Kong, July 31, 1899. WITH reference to paragraph 4 of my despatch, No. 53, of the 10th March last,* I have the honour to transmit for your information a copy of the rules made by the Governor in Council under section 3 of Ordinance 12, of 1899, on the 12th instant, fixing the Crown rent payable on agricultural land in the "New Territories" together with a copy of a translation of a Chinese Proclamation issued by me on the same date on the subject of registration of land titles and the payment of Crown rent.
2. Steps are now being taken in the above direction, and it is hoped that the col- lection of rents will proceed satisfactorily.
8. You will observe that different scales of rent have been fixed for land north and south of the Kowloon range of hills. The reason for this difference is that it is con- sidered equitable that land owners on the southern side of those hills should
pay the same rent as their immediate neighbours in the district hitherto known as British Kow- loon, and the Kowloon hills form a natural and well defined boundary line.
4. So far as I can ascertain, the Chinese inhabitants in the New Territory are satisfied with the amount of Crown rent fixed in the regulations referred to above, and, as you will observe, they have been told in the Chinese proclamation issued by me that the present scale is subject to revision.
I have, &c.,
HENRY A. BLAKE,
Governor, &c.
Enclosure 1 in No. 235.
GOVERNMENT Notification.-No. 393.
The following Rules are published.
By Command,
J. H. STEWART LOCKHART,
Colonial Secretary.
Colonial Secretary's Office, Hong Kong, July 13, 1899.
• No. 93.
325
RULES.
Made by the Governor-in-Council under section 3 of Ordinance 12 of 1899, this 12th day of July, 1899.
1. For the period from the 18th April, 1899, to the 17th April, 1900, Crown rent shall be paid on agricultural land in the "New Territories," subject to the terms and conditions contained in the following Rules, namely:-
2. Such Crown rent shall be paid before the 31st of December, 1899, to the Treasurer or such officer as he may depute for that purpose.
3. Such Crown rent shall, unless paid before the date aforesaid, be recovered by distress as for rent in arrear, and any tenant or occupier paying such Crown rent shall be entitled to deduct the amount of such Crown rent from the rent which he pays to his immediate landlord.
4. Such Crown rent shall be paid in accordance with the following scale, namely:-
(i.)
For land draining in a southerly direction to the sea between Lyemun Point on the east and the pier in the bay west of Lai Chi Kok on the west per half mau or portion thereof as follows:-
(a.) For first class land 25 cents, or at the rate of $3.30 per acre
per annum.
(b.) For second class land 20 cents, or at the rate of $2.64 per acre
per annum.
(c.) For third class land 10 cents, or at the rate of $1.32 per acre
per annum.
(ii.) For all land (except land draining in a southerly direction to the sea between Lyemun Point on the east and the pier in the bay west of Lai Chi Kok on the west) per half mau or portion thereof as follows :——
(a.) First class land 15 cents, or at the rate of $1.98 per scre
per annum.
(b.) Second class land 10 cents, or at the rate of $1.32 per acre
per annum.
(c.) Third class land 5 cents, or at the rate of 66 cents per acre
per annum.
5. The officer appointed by the Governor for the purpose shall decide whether any land in the New Territories is agricultural land or not, and, if he decides that such land is agricultural land, he shall also decide within which of the above three classes any such land falls and whether such land is so situated that the higher or lower of the above two scales applies to it; but, in the event of any person being dissatisfied with any such decision, an appeal shall lie therefrom to the Governor.
6. The expression agricultural land" as used in these Rules shall mean land which is used solely and exclusively for purposes of agriculture or fruit-growing.
J. G. T. BUCKLE,
Clerk of Councils.
Council Chamber, Hong Kong.
Enclosure 2 in No. 235.
English Version of Chinese Proclamation issued by His Excellency Sir Henry Arthur Blake, Governor, &c.
-
I, Sir Henry Arthur Blake, Knight Grand Cross of the Most Distinguished Order of Saint Michael and Saint George, Governor and Commander-in-Chief of the Colony of Hong Kong and its Dependencies, and Vice-Admiral of the same, hereby inform you, the landowners in the New Territories, that an officer will visit the sub-districts for the purpose of registering landowners on a date due notice of which will be given to you. All you who can show that you have had possession of landed property for somá time must fill up a schedule in the following form:-
1. Name of owner.
2.
Nature of title.
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