CO129-298 - Governor Sir Blake Administrator Major Gen Gascoigne - 1900 [3-4] — Page 162

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

6. For the purposes of this Ordinance the Court or any Farther member thereof shall have powers similar to those vested powers of in the Supreme Court of this Colony in any suit or action Court in respect of the following matters, viz. :—

respecting (1.) Enforcing the attendance of witnesses and exa- production of witnesses, the mining them on oath, affirmation or otherwise. documents (2.) Compelling the production of documents.

aud enfor-

(3.) Punishing persons guilty of contempt of the cingang

Court or of any order of the Court.

order of

Court,

(4.) Ordering inspection of property,

(5) Making and enforcing any order which may be necessary to the proper hearing and determination

of any question before the Court.

The Court may exercise all or any of such powers for the purposes of any claim before the Court to the same extent as the Supreme Court might exercise them or any of them

for the purposes of any suit or action.

7. The Court nay, if it thinks fit, approve and give Compromise

effect to any compromise or arrangement arrived at with of claim. reference to any claim in relation to land irrespective of

the strict rights and obligations of the parties.

8. Where the circumstances of the case are such that Expenses of the Court deems it right and expedient that the expenses witnesses.

of any party or witness should be paid by any other party making or opposing any claim heard and determined under this Ordinance, the Court may fix the amount of such expenses and may order payment thereof to be made by such other party accordingly. Such order may be enforced in the same mauuer as a similar order of the Supreme Court can be enforced.

9. Any member of the Court shall, for the purposes Power to

of any enquiry, have power to enter and view any premises enter and

or property, and also to authorize any person nominated view. by such member to enter and view any premises or pro- perty for the like purpose.

any witness

10. If it shall appear to the Court that any witness Power of has committed wilful and corrupt perjury the Court Court with

may, for the purpose of punishing such perjury, exercise powers respect to similar to and to the same extent as those conferred on committing the Supreme Court by section 23 of Ordinance 12 of 1878 perjury. for the punishment of perjury in any cause, suit, or action.

11. Any summons, order, warrant, or direction of the Summons, Court shall be deemed to be duly made with the authority warrant, of the Court if signed by the Registrar, and any such sun- etc. to be signed by mons, order, warrant, or direction so issued in connection Registrar. with and for the purposes of any claim shall be equivalent to any form of summous, order, warrant, or direction issued in any action or suit in the Supreme Court for enfor cing the attendance of witnseses, or compelling the pro- duction of documents or otherwise for the purposes of any suit or action,

12. No barrister, proctor, attorney, or solicitor shall be Legal permitted to appear on behalf of any party in any case practitioners. before the Court, except by the special permission of the

Court.

13. The Court may allow or disallow any claim in Court may relation to land or allow the same us to part thereof, or allow or for such period or at such rent and on such other condi- disallow tions as may appear to the Court to be equitable and just.

claim,

14. In cases where the Court allows the claim or part Title where of the claim, such claim and its allowance shall be reported claim by the Registrar to the Governor in due course in order allowed. that a title appropriate to the case may be granted. If, however, in any particular instance, the Governor deems it inexpedient, having regard to the public interests of the Colony, that such title should be granted, the matter shall be referred back to the Court to decide what com- pensation shall be paid to the claimant or claimants, and the amount awarded by the Court shall be paid by the Government to such person or persons as the Court may direct. The decision of the Court as to the amount of compensation shall be final.

the Crown.

15. All laud in the New Territories is hereby declared Land to be the property of the Crown, during the term speci- declared fied in the Convention of the Oth day of June, 1808, property of hereinbefore referred to, and all persons in occupation of who to be auy such land, after such date as may be fixed by the deemed Governor by notification in the Gazette, either generally tresį assers. or in respect to any specified place, village, or district,

161

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