130
When the Board had selected a district or village for enquiry, the Surveyor of the Board would survey the district and furnish a plan and report showing the separate holdings with the size thereof and name of holder.
The Board, having examined the same, would fix a day for the hearing of claims; notice thereof would be given by placards and posted in the Village, and all claimants were directed to appear with any documents relating to the land which they might possess. We had no difficulty in obtaining the attendance of these persons. Now, if Mutatis Mutandis, these proceedings were adopted in the case of the New Territory, and if a sitting of the Board were to be held in or near the village or district concerned, I have every reason to believe from past experience, and from what I know of the Chinese, that all difficulties would disappear.
Further, I hope that, of all people who are compelled to register their titles, a short ordinance will be passed giving them an indefeasible title, as is done under the Torrens Act in Australia. I studied that system well and am of opinion that it could easily be introduced, now, for lands in the New Territory, and later on, for property in Hong Kong.
Should the present ordinance be maintained, provision should be made for the taxing by the Registrar of the Supreme Court and for payment of the expenses of the parties summoned, and as far as possible for the holding of these enquiries on the spot.
1
To resume, I disapprove of this ordinance because it is a new departure altogether and confers unusual and unlimited powers on the Governor and the Registrar General. Great abuses may take place in its working.
It is capable of being used as an instrument of oppression.
(4)
130
When the Board had selected a district or village for enquiry, the Surveyor of the Board would survey the district and furnish a plan and report showing the seperate holdings with the size thereof and name of holder
the Board having examined the same, would fix a day for the hearing of claims, notice thereof would be given by placards and posted in the Village and all claimants were directed to appear with any documents relating to the land which they might possess. We had no difficulty in obtaining the attendance of these persons. Now if Mutatis Mutandis these proceedings were adopted in the case
the
of the New Territory, and if a Sittings of the Board where to be held in or near the Village or district concerned,I have every reason to believe from past experience, and from what I know of the Chinese that all difficulties would disappear.
these I hope that of all people who are compelled to register their titles, that a short ordinance will be passed giving them an undefeasible title as is done under the Torrens Act in Australia I studied that system well and am of opinion that it could easily be introduced, now, for lands in the New Territory, and later. on,for property in Hong Kong.
Should the present ordinance be maintained provision should be made for the Taxing by the Registrar of the Supreme Court and fore payment of the expenses of the parties summoned, and as far as possible for the holding of these enquiries on the spot.
1
To resume, I disapprove of this ordinance because it is a new departure altogether and confers unusual and unlimited powers an the Governor and the Registrar General. Great abuses may take place
in its working
Hank
It is capable of being used as an instrument of
(4)
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