delay.
154
t
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As regards the essential differences" pointed
out by Mr. Whitehead in his Protest, I should remark: --
As to (a) It was found that, if the Court had to sit in the New Territories, it would be impossible for the Puisne Judge to attend without causing great delay to suitors in the Summary Jurisdiction of the Supreme Court in Hongkong. I am not aware that it was proposed to appoint any Solicitor at all. If Mr. Bruce Shepherd is referred to, he is not a
Solicitor
It is, I understand, the intention of the Governor
to appoint at least one Barrister if not two.
As to (b) The change was made with the fill appovel
x of Mr. Bruce Shepherd the expereinced Deputy Land Officer. There
are claims by persons who allege they are entitled to receive
y rents from perpetual (or so called perpetual) lessees, who do holi at
This not even know where the Land which has to pay the rent is
situated. There are claims to be entitled to cut wood, There
are claims to fishery rights, indeed a strange variety of
claims including profits à frenare, and these will all have
to be dealt with. As to registration, the Land Officer has no
power to refuse to register deeds brought to him for regis-
tration under Ordinance 3 of 1844, if the terms of the Ordinance
are complied with. Such Registration confers no title, and it
is better, to prevent any misconceptions on the part of Chinese
in the New Territory, that this should be made known. It is
known quite well in Victoria by the legal fraternity. The object
of the Land Court is to afford to Chinese in the New Territories,
a cheap and convenient tribunal which can settle all their claims
in relation to land there.
As regaris (c), In Hongkong, Land is held from the
Crown. The Queen has sole Jurisdiction for 99 years in the
New Territories, which for that. term "were", by the Queen's
Order in Council, "declared" "to be part and parcel of Her
Majesty's Colony" of Hongkong in like manner and for all in-
tents
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