CO129-251 - Acting Governor Barker - 1891 [9-11] — Page 480

Enclosure P

the Attorney

ural consider hether under

is Ordinance.

Carps Buildings

Marine Lots

No. 23 or 1889.

An Ordinance enacted by the Governor of Hong- kong, with the advice and consent of the Legis- lative Council thereof, to enable the Goverbor to resume Crown Lands under lease and to give compensation therefor and for other cognate purposes.

LS G. WILLIAM DES VEUX.

[24th June, 1889.] THEREAS the dwelling houses ou certain portious of Wand ander lease from the Crown especially in the

1721/ could be for other purposes beuclicial to the public of the Colony is

sured by the

mehmor in

uncil on

Behalf

A. M. Naval

cpartment.

If, as I presume,

is opinion is "es" let the fact

made knowers the Commodore

behalf of. finiral.

the

If no then ordinance

ould be passed smistakeably ermitting of

City of Vietoria are of insanitary construction as regards conditions of air and light and it is expedient that the Govermar should be empowered to acquire or resume such lands and Buildings compulsorily with a view to the erection of inproved houses or dwellings thereou and doubts have arisen whether the resumption of such lands for the purposes aforesaid and within the meaning and intent of the powers of resumption for a public purpose contained in the Crown leases of such funds and it is expedient to remove such doubts and whereas it is expedient that the duty of determining the value of lauds resumed for a publie purpose and of fixing the com- pensation to be awarded in respect thereof mider Crown leases should be transferred froth the Surveyor General to a Board of Arbitrators to be approved for the purpose: Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Commeil thereof, as follows:- 1. This Ordinare may be eited for all purposes as The Crown Lands Resumption Ordinance, 1889.

2. In this Ordinance unless inconsistant with or repug- ant to the context.

The word Baard shall menu any Board of Arbitrators appointed from time to tim under this Ordinance.

The word Land shall menu any Crown land under lease from the Crown or any part or section thereof.

The word Duner shall mean the person whose name for the time being is registered in the Land Registry Office of the Colony in respect of any lathi sought to be resumed under the provisions of this Ordinance or if such person be absent from the Colony or cannot be found or is bank- rupt or dead his agent or representative in the Colony or the person entitled for the time being to have his name registered in the said Office in respect of such land or his agent or representative in the Colony.

3. (i.) Whenever the Governor in Council shall decide that the rasmption of any hand is expedient in the interest of the Public it shall be lawful for the Governor to enter into private negociations with the owner of any such land or any other person having any proprietary interest therein for the purchase of such land and all the right title aud interest therein, and in case of the failure of such negocin- tion to give written notive that such land will be resummed on the expiration of four months from the publication of such notice, and that thereupon such compensation in respret of such resumption will he paid us may be awarded in the manner hereinafter provided.

(i.) Such notice shall be published in the Gazette in English and Chinese and copies thereof shall be affixed upots a conspienous part of the hund to be resumed, and

for publication shall be deemed to be orice to the owner

umption for

public

urpose.

and to every person interested in the land or having sny right or ensement therein,

(in.) On the expiration of four months as aforesaid the land shall revert to the Crown and all rights of the owner his assigns or representatives or of any other person in er over the hand or any part thereof shall absolutely ecaso.

4. After the expiration of four months as aforesaid a 7-5-91. Board shall be appointed to determine the amount of com-

"Pigned!"

pensation to be paid in respect of such resumption or taking and such Board shall in each case consist of threo members

and be constituted in manner following, viz.:-

(1.) The Chairman of the Board shall be such judge

of the Supreme Court as the judges may from

time to time mutually arrange.

Title

Tramble

Short title.

Interpreta- Lin

Power of

T

Constitution Di Dear.

24059a

U

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