1887-1903
7
265
After the Crown rent fixed as due on a claim has been paid, a provisional certificate of title will be issued in the first instance, and if, after the lapse of sufficient time, no dispute regarding the claim arises, a certificate of the owner's title will be issued and registered.
I attach a memorandum by Mr. Bruce Shepherd on the work done in the Head Land Office at Victoria in respect of the area south of the Kowloon Hills and the islands to the west of the Colony (see Appendix No. VIII).
Although the system of land registration adopted by the Chinese Government is apparently simple, the difficulties that have been experienced in connection with it show it to be of the most unsatisfactory nature, especially as not much reliance can be placed upon the accuracy of any title deeds registered under it.
One great difficulty has been suspicion on the part of the inhabitants of the intentions of the Government. The people seemed to fear that the Government intended to take their land away from them, and, in order to effect this object, wished to find out the owners by inducing them to register all their lands.
Before the territory was taken over the Governor issued a proclamation in Chinese, a translation of which will be found in Appendix No. IX. In this proclamation the people are assured that "their commercial and landed interests will be safeguarded and their usages and good customs will not in any way be interfered with," and that as subjects of the great British Empire their perfect freedom from oppression is assured. "Should they have any complaint to make the Governor will always be willing to hear it and to order what is right."
#4
When the territory was taken over the Governor in a speech assured the people that the taxes will be equal and the revenue will be collected justly. You need now have no fear of being squeezed by the officials. If exactions are made in excess of the "just charges, the Governor will dismiss the officials responsible. The taxes collected will be expended in maintaining order and in public improvements."
In the proclamation regarding land registration issued in July, His Excellency the Governor stated: "If any one has been forcibly deprived of his land or been fraudulently induced to sell land at a low price, he may present a petition to the District Officer, if he lives north of the Kowloon range of hills, or, if he lives south of it to the Registrar General or the Visiting Officer, to be forwarded to the Squatters Board for enquiry" (see Appendix No. IV).
It may seem peculiar that suspicion should have arisen, seeing that His Excellency the Governor informed the inhabitants both by proclamation and by speech that the tenure of land would remain practically undisturbed, and that the Chinese authorities repeatedly notified the inhabitants that the tenure of land would remain the same as before, and that the rights of property would be respected. But, as is well known, the Chinese are a suspicious race and it is not an easy matter to allay their suspicions when once aroused.
Another cause of difficulty and delay has been the ignorance of the landlords regarding their own land. For generations landowners have been content to collect their rents without ever having taken the trouble to enquire into the land itself, which has been left entirely under the control of the tenants. These tenants have changed from time to time; sub-leased the land; sold the right of cultivation or mortgaged that right, without consulting the landowners, who were quite satisfied so long as the rent was regularly paid. It has often happened that some crafty tenant has asked his landlord to reduce his rent, giving as an excuse that it was impossible to make the land pay unless the rent were reduced, and that if the reduction were not agreed to the tenant must give up the land. The landlord, who has inherited the land without knowing any particulars regarding it, is practically at the mercy of his tenant, and is constrained to comply since it is impossible for him to take over possession of land which in many cases is far removed from his own village or district. Besides, tenants generally form a “ring,' agreeing among themselves that no other person shall be allowed to take over cultivation from the tenant in occupation. It is easy to see how such farming rings are able to boycott the landlords. In fact, it is not an unusual proceeding for tenants, taking advantage of the ignorance of their landlords, to make an absolute sale of a part of the land, the part retained being sufficient to pay the rent.
1887-1903
7
265
After the Crown rent fixed as due on a claim has been paid, a provisional certificate of title will be issued in the first instance, and if, after the lapse of sufficient time, no dispute regarding the claim arises, a certificate of the owner's title will be issued and registered.
I attach a memorandum by Mr. Bruce Shepherd on the work done in the Head Land Office at Victoria in respect of the area south of the Kowloon Hills and the islands to the west of the Colony (see Appendix No. VIII).
Although the system of land registration adopted by the Chinese Government is apparently simple, the difficulties that have been experienced in connection with it show it to be of the most unsatisfactory nature, especially as not much reliance can be placed upon the accuracy of any title deeds registered under it.
One great difficulty has been suspicion on the part of the inhabitants of the intentions of the Government. The people seemed to fear that the Government intended to take their land away from them, and, in order to effect this object, wished to find out the owners by inducing them to register all their lands.
Before the territory was taken over the Governor issued a proclamation in Chinese, a translation of which will be found in Appendix No. IX. In this proclamation the people are assured that "their commercial and landed interests will be safeguarded and their usages and good customs will not in any way be interfered with," and that as subjects of the great British Empire their perfect freedom from oppression is assured. "Should they have any complaint to make the Governor will always be willing to hear "it and to order what is right."
#4
When the territory was taken over the Governor in a speech assured the people that the taxes will be equal and the revenue will be collected justly. You need now ❝ have no fear of being squeezed by the officials. If exactions are made in excess of the "just charges, the Governor will dismiss the officials responsible. The taxes collected " will be expended in maintaining order and in public improvements."
In the proclamation regarding land registration issued in July, His Excellency the Governor stated: "If any one has been forcibly deprived of his land or been fraudulently "induced to sell land at a low price, he may present a petition to the District Officer, if "he lives north of the Kowloon range of hills, or, if he lives south of it to the Registrar "General or the Visiting Officer, to be forwarded to the Squatters Board for enquiry" (sec Appendix No. IV).
It may seem peculiar that suspicion should have arisen, seeing that His Excellency the Governor informed the inhabitants both by proclamation and by speech that the tenure of land would remain practically undisturbed, and that the Chinese authorities repeatedly notified the inhabitants that the tenure of land would remain the same as before, and that the rights of property would be respected. But, as is well known, the Chinese are a suspicious race and it is not an easy matter to allay their suspicions when
once aroused.
Another cause of difficulty and delay has been the ignorance of the landlords regarding their own land. For generations landowners have been content to collect their rents without ever having taken the trouble to enquire into the land itself, which has been left entirely under the control of the tenants. These tenants have changed from time to time; sub-leased the land; sold the right of cultivation or mortgaged that right, without consulting the landowners, who were quite satisfied so long as the rent was regularly paid. It has often happened that some crafty tenant has asked his landlord to reduce his rent, giving as an excuse that it was impossible to make the laud pay unless the rent were reduced, and that if the reduction were not agreed to the tenant must give up the land. The landlord, who has inherited the land without knowing any particulars regarding it, is practically at the mercy of his tenant, and is constrained to comply since it is impossible for him to take over possession of land which in many cases is far removed from his own village or district. Besides, tenants generally form a “ring,' agreeing among themselves that no other person shall be allowed to take over cultivation from the tenant in occupation. It is easy to see how such farming rings are able to boycott the landlords. In fact, it is not an unusual proceeding for tenants, taking advantage of the ignorance of their landlords, to make an absolute sale of a part of the land, the part retained being sufficient to pay the rent.
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