CO129-263 - Acting Governor Barker Governor Sir Robinson - 1894 [5-8] — Page 727

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed

(3) All such powers as are now or may be hereafter vested in the Supreme Court of the Colony or in any Judge thereof on the occasion of any suit or action in respect of the following matters :-- (a) The enforcing the attendance of witnesses and examining them on oath or otherwise as they may think fit. (b) The compelling the production of any documents. (c) The punishing persons guilty of contempt. (d) The ordering an inspection of premises. (e) To enter and view any premises.

(4) To make and publish all such rules and regulations as may be deemed necessary for the conduct of all proceedings before it.

11. Every notice under the hand of the Chairman of the Board may be substituted for and shall be equivalent to any form of process capable of being issued in any suit or action for enforcing the attendance of witnesses, or compelling the production of documents; and any warrant of committal to prison issued for the purpose of enforcing any such powers as aforesaid shall be under the hand of the Chairman and shall not authorize the imprisonment of any offender for a period exceeding three months; and every notice, order or warrant of the Board may be served and executed in the same manner as notices, orders and warrants of the Supreme Court may be served and executed under the procedure for the time being in force relating to civil suits.

12. If in the discharge of the duties devolving upon the Board there shall occur a difference of opinion between the members, the decision of any two of them shall have the same force and effect as if all the members had concurred therein, and any decision arrived at by the Board or a majority thereof shall not be subject to appeal and shall be final as regards all parties interested, and no award of compensation made with respect to the resumption of any land shall be liable to be set aside for irregularity or error in matter of form.

13. In determining claims for compensation by owners in respect of lands resumed under this Ordinance, the Board may award such compensation as they may think fit, may in their discretion take into consideration and receive evidence of any matters or things they may deem just and fair, and may make such deductions in respect of the age, character, insanitary condition and state of repair of the houses on the said lands or otherwise as to them may seem fair or reasonable.

14. In determining claims for compensation by any sub-lessee or tenant of the whole or any portion of any house, entitled to claim under this Ordinance, whose interest has been summarily determined by the resumption of any land under this Ordinance, the Board shall assess such compensation as nearly as may be, as if such interest had been tortiously put an end to or determined by the immediate landlord of the claimant and he had brought an action for damages against such landlord in any Court of law or equity, but no compensation shall be given for any furniture, fittings, mezzanine floors, cocklofts, partitions or articles in any house resumed under this Ordinance which have been removed, destroyed or damaged during the prevalence of the Bubonic Plague by reason of any operations for the cleansing or disinfecting of such house; and no compensation shall be given in respect of the occupation of, or of rents derived from, the letting of any house or portion of a house declared upon the list published under the provisions of section 6 of this Ordinance to have been found to be unfit from any cause for human habitation.

15. Every award of the Board shall state-

(a) The full amount awarded to the owner by way of compensation for the resumption of his land and to each of the persons interested therein who have made claims,

(b) The persons to whom it is payable.

(c) The proportions in which it is payable to such persons.

(d) In respect of what interest, right, easement or otherwise it is awarded.

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(3) All such powers as are now or may be hereafter vested in the Supreme Court of the Colony or in any Judge thereof on the occasion of any suit or action in respect of the following matters :-- (a) The enforcing the attendance of witnesses and examining them on oath or otherwise as they may think fit. (b) The compelling the production of any documents. (c) The punishing persons guilty of contempt. (d) The ordering an inspection of premises. (e) To enter and view any premises. (4) To make and publish all such rules and regulations as may be deemed necessary for the conduct of all proceedings before it. 11. Every notice under the hand of the Chairman of the Board may be substituted for and shall be equivalent to any form of process capable of being issued in any suit or action for enforcing the attendance of witnesses, or compelling the production of documents; and any warrant of committal to prison issued for the purpose of enforcing any such powers as aforesaid shall be under the hand of the Chairman and shall not authorize the imprisonment of any offender for a period exceeding three months; and every notice, order or warrant of the Board may be served and executed in the same manner as notices, orders and warrants of the Supreme Court may be served and executed under the procedure for the time being in force relating to civil suits. 12. If in the discharge of the duties devolving upon the Board there shall occur a difference of opinion between the members, the decision of any two of them shall have the same force and effect as if all the members had concurred therein, and any decision arrived at by the Board or a majority thereof shall not be subject to appeal and shall be final as regards all parties interested, and no award of compensation made with respect to the resumption of any land shall be liable to be set aside for irregularity or error in matter of form. 13. In determining claims for compensation by owners in respect of lands resumed under this Ordinance, the Board may award such compensation as they may think fit, may in their discretion take into consideration and receive evidence of any matters or things they may deem just and fair, and may make such deductions in respect of the age, character, insanitary condition and state of repair of the houses on the said lands or otherwise as to them may seem fair or reasonable. 14. In determining claims for compensation by any sub-lessee or tenant of the whole or any portion of any house, entitled to claim under this Ordinance, whose interest has been summarily determined by the resumption of any land under this Ordinance, the Board shall assess such compensation as nearly as may be, as if such interest had been tortiously put an end to or determined by the immediate landlord of the claimant and he had brought an action for damages against such landlord in any Court of law or equity, but no compensation shall be given for any furniture, fittings, mezzanine floors, cocklofts, partitions or articles in any house resumed under this Ordinance which have been removed, destroyed or damaged during the prevalence of the Bubonic Plague by reason of any operations for the cleansing or disinfecting of such house; and no compensation shall be given in respect of the occupation of, or of rents derived from, the letting of any house or portion of a house declared upon the list published under the provisions of section 6 of this Ordinance to have been found to be unfit from any cause for human habitation. 15. Every award of the Board shall state- (a) The full amount awarded to the owner by way of compensation for the resumption of his land and to each of the persons interested therein who have made claims, (b) The persons to whom it is payable. (c) The proportions in which it is payable to such persons. (d) In respect of what interest, right, easement or otherwise it is awarded. Page 722
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(3) All such powers as are now or may be hereafter vested in the Supreme Court of the Colony or in any Judge theroof on the occasion of any suit or action in respect of the following matters :-- (a) The enforcing the attendance of wit- nesses and examining them on oath or otherwise as they may think fit. (b) The compelling the production of any documents. (e) The punishing persons guilty of contempt. (d) The ordering au inspection of premises. (e) To enter and view any premises. (4) To make and publish all such rules and regulations as may be deemed necessary for the conduct of all proceedings before it. 11. Every notice under the bail of the Chairman of the Board may be substituted for and shall be equivalent to any form of process capable of being issued in any suit or action for enforcing the attendance of witnesses, or com- pelling the production of documents; and any warrant of committal to prison issued for the purpose of enforcing any such powers as aforesaid shall be nder the hand of the Chairman and shall not authorize the imprisonment of any offender for a period exceeding three months; and every untice, order or warrant of the Board may be served and executed in the same manner as notices, orders and warrants of the Supreme Court may he served and executed under the procedure for the time being in lovee relating to civil suits. 12. If in the discharge of the duties devolving upon the Board there shall occur a difference of opinion between tho members, the decision of any two of them shall have the same force and effect as if all the members had conenrred therein, and any decision arrived at by the Board or a majority thereof shall not be subject to appeal sud shall be final as regards all parties interested, and no award of com- pensation made with respect to the resumption of any land shall be liable to be set aside for irregularity or error in matter of form. 13. In determining claims for compensation by owners in respect of lands resumed under this Ordinance, the Bourd may award such compensation as they may think fit, way in their discrction take into consideration and receive evi- dence of any matters or things they may deem just and fair, and may make such deductions in respect of the age, chu- racter, insanitary condition and state of repair of the houses on the said lands or otherwise as to them may seem fair or reasonable. 14. In determining claims for compensation by any sub- lessee or tenant of the whole or any portion of any house, entitled to claim under this Ordinance, whose interest has been summarily determined by the resumption of any land under this Ordinance, the Board shall assess such compeu- sation as nearly as may be, as if such interest had been tortiously put an end to or determined by the immediate landlord of the claimant and he had brought an action for damages against anch latallord in any Court of law or equity, but no compensation shall be given for any fur- niture, fittings, mezzanine floors, cocklofts, partitions or articles in any house resamed under this Ordinance which have been removed, destroyed or damaged during the preva- lence of the Bubonic Plagne by reason of any operationa for the cleansing or disinfecting of such house; and no core- pensation shall be given in respect of the occupation of, or of rents derived from, the letting of any lionse or portion of a house declared upon the list published under the provisiona of section 6 of this Ordinance to have been found to be unfit from any cause for human habitation. 15. Every award of the Board shall state- (a) The full amount awarded to the owner by way of compensation for the resumption of his land and to each of the persons interested therein who have made claims, (b) The persons to whom it is payable. (e) The proportions in which it is payable to such persons. (d) In respect of what interest, right, casement or otherwise it is awarded. Nottaes by No appeal Irmelaton af jority. More of determining cllars fur compensation of owners. Moda or determining fr evaporation of size anti Leuz- No terapense- tion Sur destruction of Zuzniture, &.. Autog sxluteace of plagen. Contents of Aand. 722 ?
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(3) All such powers as are now or may be hereafter vested in the Supreme Court of the Colony or in any Judge theroof on the occasion of any suit or action in respect of the following matters :-- (a) The enforcing the attendance of wit- nesses and examining them on oath or otherwise as they may think fit. (b) The compelling the production of any

documents.

(e) The punishing persons guilty of contempt. (d) The ordering au inspection of premises. (e) To enter and view any premises.

(4) To make and publish all such rules and regulations as may be deemed necessary for the conduct of all proceedings before it.

11. Every notice under the bail of the Chairman of the Board may be substituted for and shall be equivalent to any form of process capable of being issued in any suit or action for enforcing the attendance of witnesses, or com- pelling the production of documents; and any warrant of committal to prison issued for the purpose of enforcing any such powers as aforesaid shall be nder the hand of the Chairman and shall not authorize the imprisonment of any offender for a period exceeding three months; and every untice, order or warrant of the Board may be served and executed in the same manner as notices, orders and warrants of the Supreme Court may he served and executed under the procedure for the time being in lovee relating to civil suits.

12. If in the discharge of the duties devolving upon the Board there shall occur a difference of opinion between tho members, the decision of any two of them shall have the same force and effect as if all the members had conenrred therein, and any decision arrived at by the Board or a majority thereof shall not be subject to appeal sud shall be final as regards all parties interested, and no award of com- pensation made with respect to the resumption of any land shall be liable to be set aside for irregularity or error in matter of form.

13. In determining claims for compensation by owners in respect of lands resumed under this Ordinance, the Bourd may award such compensation as they may think fit, way in their discrction take into consideration and receive evi- dence of any matters or things they may deem just and fair, and may make such deductions in respect of the age, chu- racter, insanitary condition and state of repair of the houses on the said lands or otherwise as to them may seem fair or reasonable.

14. In determining claims for compensation by any sub- lessee or tenant of the whole or any portion of any house, entitled to claim under this Ordinance, whose interest has been summarily determined by the resumption of any land under this Ordinance, the Board shall assess such compeu- sation as nearly as may be, as if such interest had been tortiously put an end to or determined by the immediate landlord of the claimant and he had brought an action for damages against anch latallord in any Court of law or equity, but no compensation shall be given for any fur- niture, fittings, mezzanine floors, cocklofts, partitions or articles in any house resamed under this Ordinance which have been removed, destroyed or damaged during the preva- lence of the Bubonic Plagne by reason of any operationa for the cleansing or disinfecting of such house; and no core- pensation shall be given in respect of the occupation of, or of rents derived from, the letting of any lionse or portion of a house declared upon the list published under the provisiona of section 6 of this Ordinance to have been found to be unfit from any cause for human habitation.

15. Every award of the Board shall state-

(a) The full amount awarded to the owner by way

of compensation for the resumption of his land and to each of the persons interested therein who have made claims,

(b) The persons to whom it is payable.

(e) The proportions in which it is payable to such

persons.

(d) In respect of what interest, right, casement or

otherwise it is awarded.

Nottaes by

No appeal Irmelaton

af jority.

More of

determining cllars fur compensation

of owners.

Moda or

determining

fr evaporation

of size anti Leuz-

No terapense- tion Sur

destruction of Zuzniture, &.. Autog sxluteace of

plagen.

Contents of Aand.

722

?

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