CO129-203 - Acting Governor Marsh - 1882 [10] — Page 10

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To His Excellency

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Celilliam Henry Marsh,

Companion of the Most Distinguished Order of Saint Michael and Saint George, Administrator of the

Colony of Hongkong and its Dependencies.

THE MEMORIAL OF THE UNDERSIGNED GARDEN LOT HOLDERS

OF KOWLOON PENINSULA.

Humbly Showeth,

AS FOLLOWS :---

1. In the month of April, A.D. 1876, a Perition was addressed by the Garden Lot Holders of Kowloon to the then Governor of this Colony (His Excellency Sir Atm KENNEDY), praying for new Leases of their respective Lots on terms and conditions similar to those enjoyal by the Holders of Farm or Rural Building Leases, (a printed copy of this Petition is hereto appended, marked 4).

2.--To this Petition the Petitioners received an answer from His Excellency the Governor on the 30th day of December, 1876, (hereto appended marked B.), and a further reply on the 6th June, 1877, conveying to them the purport of a despatch from the Right Honourable The Secretary of State for the Colonies to whom their Petition had been referred, (hereto appended tunked C). Both these replies were unfavourable, the Government "being able to perceive "that the circunstances had undergone any material change since 1878, who the Policy of

granting Loases of Kowloon Land for Fourteen Years only was adopted."

3.- Notwithstanding this discouragement your Memorialists, feeling aggrieved at the dismissal of their former Petition on the ground above stated, which does not in their opinion touch the substantial merits and equity of their case, and material changes having happened venture to respectfully approach Your Excellency on the same subject. In doing so they propose now to enter more fally than in their former Petition into the facts and arguments affecting their position.

4. Your Memorialists observe that Lund in Yau-ninh-tec, Kowloon, is held on Leases of four different kinds :---

4. In Yau-mali-tec the whole of the Lots are let on Seventy-five Yours' Building Leases containing substantially the same terms, provisions and covenants, as Leuses of the Inland Lots in Victoria, Hongkong,

B. There would appear to be one Farm Lease for Seventy-five Yours of Land in the

immediate vicinity of Yan-mah-ter.

C. In Tsim-tea-tsui, Kowloon, there are a few Inland Lots, and some Marine Lots let on

the ordinary Nine hundred and Ninety-nine Years' Lenses,

D. The greater part of the property in Tsin-tsa-tsui is let on Garden Leases for Fourteen

Years at an average rental of about $20 per acre per year.

By the provisions of this last mentioned form of Lease the Lessees are prohibited, without the written consent of the Governor, frem erecting any buildings on their land and from assigning, or under-letting, or otherwise assigning over, or otherwise parting with the possession of their premises, and power is reserved to Her Majesty at any time during the continuance of the term of the lease to resume the whole or any portion of the land demised, no compensation for this resumption being provided by the terms of the lease itself.