CO129-298 - Governor Sir Blake Administrator Major Gen Gascoigne - 1900 [3-4] — Page 156

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

155

"-tents

and purposes, as if they had originally formed

"part of the said Colony". (See Ordce.No.10 of 1899.) Now

although the Land Court will not expropriate or dispossess

persons having, at the time the New Territories were ceded,

bona fide titles, yet they must have these titles verified,

and, during the 99 years, all persons must be made to

understand they hold from the Queen ant not from the

Chinese Government. It is to the Queen, rent must be paid,

not to the Emperor of China; and my own view is that, if a

person claiming to be a perpetual legsee at a rent to the

Chinese Government at the time of the Convention, has his

claim allowed, a Lease for the 99 years the land belongs

to the Queen, would be the appropriate title. In theory,

when the 99 years have expired and the land reverts to

China (if it ever does) the descendants of the "so called”

perpetual Lessees can fall back on the title they

possessed prior to the Convention.

What Mr. Whitehead apparently would like

would be a Certificate that the claimant has "a title from

the Chinese Government". If not, I do not understand his

passed, appears to

J

meaning Clause 16 of the Bill, as

me in no way to disregard the Convention.

The preceding remarks apply to (1) as

well as (e) of the Protest.

As regards (e), the Law Committee in-

cluding the two Chinese Members were strongly in favour

of preventing lawyers from practising in the Land Court.

Some of the Chinese clerks or interpreters of some of the

Hongkong lawyers are not desirable people to send to the New Territories if simple and cheap and speedy settlement

of land claims is the object in view. There are no lawyers

heard in Chinese Courts and, as a rule, it would be

undesirable to allow them to practise in the New Land

Court.

Comments

Approved members can add comments, bookmarks, and private notes.

No comments yet.

Private Research Note

Private notes are available after approval.