CO129-298 - Governor Sir Blake Administrator Major Gen Gascoigne - 1900 [3-4] — Page 161

A BILL

ENTITLED

No. 10:-[9.3.1900.}

An Ordinance to facilitate the hearing, determi

nation, and settlement of land claims in the New Territories, to establish a Land Court, and for other purposes.

Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Land Court Short title (Now Territories) Ordinance, 1900, and it shall apply only and applica to the New Territories, and to claims in relation to land tion, therein.

2. In this Ordinance, unless the context otherwise Interpreta- requires, the following terms and expressions shall have tion." the respective meanings bereinafter assigned to them, that is to say:

"The Court" mesus the Land Court constituted under this Ordinance, and shall include any member thereof acting alone in matters where one member hus jurisdiction conferred upon him by this Ordinance: "Laud" includes buildings thereon and also land covered with water or within the flow of the sea: "Claim in relation to land" includes a claim to a right of common or other profit or benefit, or to any casement or other interest from, in, upon, or over or in respect of any land:

"New Territories" means the additional territories acquired by this Colony under the Convention dated the 9th day of June, 1898, between Her Majesty Queen Victoria and His Imperial Majesty the Emperor of China for the enlargement of the limits of this Colony, including the City of Kowloon.

3. All claims in relation to land in the New Territories Claims to shall, subject to the provisions of this Ordinanco, and not- titles to be withstanding any previous registration, be heard and deter- beard by the mined by a Land Court which shall consist of two members, Composition namely, a President and one other member, to be appointed of the Court. by the Governor :

Provided always that one member of such Land Court si tting alone shall have jurisdiction to hear and finally determine,-

(a.) Any nudisputed claim, and

(h. Any disputed claim in which the value of the claim shall not, in the opinion of such member, ex- ceed two hundred dollars, and

(c.) Any disputed claim in which the parties consent

to have such claim determined by one member; Provided also, that in case of a difference of opinion when both members are sitting together, the decision of the President shall prevail.

Land Court.

4. There shall be a Registrar of the Court (herein- Governor to after referred to as the Registrar), to be appointed by the appoint

Registrar. Governor. Such Registrar shall keep a record of all pro- ceedings and decisions of the Court, receive all claims and communications to the Court, and issue all orders and directions of the Court.

5. The Court or any member thereof shall, for the pur- Powers of poses of this Ordinance, have the following powers — Court,

(1) To direct within what time claims in relation to Time, torni, land in any specified place, village or district in the and manner New Territories shall be presented to the Court, of presenting and in what form and manner such claims are to be presented.

claims.

(2.) To cause to be advertised or publicly notified in Notification

any place, village or district in the New Territories to be made in and in such manner as the Court may direct, notice village.

of the time within which such claims must be made,

and the form and manner of making such claims. (3.) To fix the dates and times and places for the Time and hearing of such claims and to cause notice of such place of dates and times and places to be given to claimants heuring in such manner as the Court may direct

cinima.

(4.) And generally to do all such things as appear to General

the Court to be necessary for the enforcement of additional its orders and for the better and more effectual powers, carrying out of the purposes of this Ordinance.

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