I have the honour to be,
My Lord Marquess, Your Lordship's Most Obedient
Humble Servant,
in Rotrings,
(59)
154
did not provide a sufficiently long time to en compensation, and section 14 permits compensation. Able claims for compensation to be sent in, and to sub-lessees and tenants, and I believe it was suggested that six months ought to be altered in this amended Bill so as to meet the time allowed. Well, I must say that it does with the views of the unofficial members. not seem to me that there is much in the There is, however, one point to which I think proposal. To all intents and purposes owners I ought to refer. Very strong objection has will bare six months. It will take some been taken to no compensation being allowed for time before this preliminary survey and ex- any furniture, fittings, mezzanine floors, cock- amination as take place; I should think it lofts, partitions or articles in any house resumed under this Ordinance which have been removed, would take two or three months before the re sult can be known, and owners will have destroyed, or damaged during the prevalence of at least six months to send in their claims. the Bubonic Plague by reason of any operations There are very few who are absent from for the cleansing or disinfecting of such house. the colony—only three or four, I believe, or Now, that, I submit, was a mere accident of the absent at such a distance that they do not know plague; the destruction was absolutely necessary. what is going on, and those absent have their No evidence was retained of what was destroyed; attorneys and agents here, and they must have all these articles, so far as we may judge from informed their principal long ago as to what the opinion of the doctors, were infected or was contemplated in respect to their property. filthy, and their destruction was necessary for Therefore I do not propose to admit any alteration the proper cleansing of the houses which were from four months to six months. Section 10 deals afterwards closed. This again, I repeat, if with the powers of the Board, and I have heard no allowed, would invite false claims from Chinese objection raised to that section except as to sub- section 2. Sub-section 2 deals with the question of the costs of arbitration. Now, it has par- posely been left entirely in the discretion of the Board except in one instance. In that instance it provides that no costs shall be given against the Crown if the Governor shall have offered in writing, prior to any claims being sent in to the Board, to pay to any person interested an amount of compensation equal to or greater than the amount (if any) awarded to such person by the Board. "No," they say, "that is not the way to deal with it; the Crown should in all events bear the cost of arbitration." I must say, and I am sorry to say, that where you have to deal with Chinese I do not think you ought to tie down the solicitors of the Board by any hard and fast rule. All who are acquainted with litigant Chinese know that very often false claims are put forward with the result that the proceedings are a little too protracted indefinitely. And therefore it has been thought much more desirable except in the specified instance to leave the question of the costs entirely in the hands of the arbitrators.
Section 12 provides that there shall be no ap- peal. I might perhaps refer to one other of the Sub-sections of section 10. The senior unofficial member suggested to me that he did not think there is anything in the Bill provided for notice being given to the owners of the hearing of their claims to compensation, but if you look at sub-section 4 you will see that the Board has power to make and publish such rules and regulations as may be deemed necessary for the conduct of all proceed ings before it, and that, I take it, would cover any question of giving notice to claimants as to when their claims would be heard. I am perfectly cer- tain that no Board would proceed ex parte on such an important matter. If the hon. member wishes for anything more clear I shall be happy to insert a few words when we are in Committee. Section 13 deals with the mode of determining the com- pensation. It has been stated that after money is paid into Court all increment of that until a special application is made to the Court is to be paid to the Government. There is no such intention in the Ordinance, which expressly provides that it shall be carried to a specific...
I have the honour to be,
My Lord Marquess, Your Lordship's Most Obrdient
Humble Servant,
in Rotrings,
( 59 )
154
did not provide a sufficiently long time to en pensation, and section 14 permits compensation Able claims for compensation to be sent in, and to sub-lessses and tenants, and I believe is it was suggested that six months ought to be altered in this amended Bill so as to meet the time allowed. Well, I must say that it does with the views of the unofficial members. not seem to me that there is much in the There is, however, one point to which I think proposal. To all intents and purposes owners I ought to refer. Very strong objection has will bare six months. It will take some been taken to no compensation being allowed for time before this preliminary survey and ex- any furniture. fittings. mezzanine floors, cock- amination as take place; I should think it lofts, partitious or articles in any house resumed under this Ordinance which have been removed, would take two or three months before the re sult can be known, and owners will have destroyed, or damaged during the prevalence of at least six months to send in their claims. the Bubonic Plague by reason of any operations There are very few who are absent from for the cleansing or disinfoting of auch house. the colony-only tree or four, I believe, or Now, that, I submit, was a more accident of the absent at such a distance that they do not know plague; the destruction was absolutely necessary. what is going on, and those absent have their No evidence was retained of what was destroyed; attorneys and agents here, and they must have all these articles, so far as we may judge from informed their principal long ago as to what the opinion of the doctors, were infected or was contemplated in respect to their property. filthy, and their destruction was necessary for Therefore I do not propose to admit any alteration the proper cleaying of the houses which were from four months to six months. Section 10 deals afterwards closed. This again, I repeat, if with the powers of the Board, and I have beard no allowed, would invite false claims from "Chinese objection raised to that section except as to sab. which it would be impossible for the Board to section 2. Sub-section 2 deals with the question decida without any reliable evidence and there- of the costs of arbitration. Now, at has par- fore protection against having to pay compeosa posely been left entirely in the discretion of the tion for these small things has been provided by Board except in one instance. In that instance the Bl. Sections 15 and 16 provide for what the it provides that no costs shall be given against awap when made shall contain, and its publication. the Crown if the Governor shall have offered in Septions 17 to 22 provide for the possibility of writing, prior to any claita being sent in to the certain persons who are entitled to compensation Board, to pay to any person interested an amount under this Ordinance being unable to give a dis- of compensation equal to or greater than the charge to the Government for the movies award- amount (if any) awarded to such person by the cd to them and the cousoquential provisions as to Board. "No," they say, "that is not the way to payment into Court and payment out of Court. deal with it; the Crown should in all events bear They are chiefly technical, and the only objection the cost of arbitration." I must say, and I am rated has been on the question of costs. I do sorry to say, that where you have to deal with not think there is anything very serious in that Chinese I do not think you ought to tie down objecjon. It is the old case, The solicitors of the Board by any hard and fast rule. All who the colony think that the Lands Clauses Conso- are acquainted with litigant Chinese know lidation Act should be applied here and given that very often false claims are put forward effect to. must say, however, I think it is going with the result that the proceedings are a little too far. I think in nearly every case protracted indefinitely. And therefore it has ander the Lands Clauses Consolidation Act those been thought much more/desirable except public Companies which took lands by virtue of in the specified instance to leave the question of its provisions have had to pay the costs of the costs eutirely in the hands of the arbitrators. applications to Court. Here it is proposed to Section 12 provides that there shall be no up leave the matter ontirely in the discretion of the peal. 1 might perhaps refer to one other of the judge except in the case where the Government Bub-sections of section 10. The senior unofficial have improperly or without due consideration member suggested to me that he did not think paid money info Cour There the Court is anything in the Bill provided for notice being given express power to make the Government given to the owneys of the hearing of their claims pay the costs on any application to take the to compensation, but if you look at sub-section 4 money out of Court. That is the rule in the you will see that the Board has power to make case of a trustee who pays money into Court and publish a such rules and regulations as may improperly, and the Government are very be deemed necessary for the conduct of all proceed much in the position of trustees of the monies ings beforeft, and that. I take it, would cover any when awarded. here seems to be some mis- question of giving notice to claimants as to when apprehension with regard to the money paid into their oldime would he heard. I am perfectly cer- Court. It has been stated that after money is tain that no Board would proceed ex parte on such paid into Court all increment of that and nutil an important matter. It the hon. member wishes special application is made to the Count is to
for anything more clear I shall be happy to insert
be paid to the Government. There is no such few words when we are in Committee, Section intention in the Ordinance, which expressly 13 deals with the mode of determining the com- provides that it shall be carried to a specięc
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