50
This delay, as I pointed out in my last letter to you, is prejudicial to me; and, as I assume that His Excellency does not desire that the interests of any Crown Lessee should be prejudicially affected by delay on his part, I have now to ask if His Excellency will give instructions that the Director of Public Works may at once meet me, in order to settle the amount of compensation, with reference, if need be, to the Chief Justice.
I have the honour to be,
The Honourable G. T. M. O'BRIEN, C.M.G.,
Colonial Secretary.
Sir,
Your most obedient Servant,
THOS. HOWARD.
51
643
Or, 2nd. Let the Government resume Marine Lot No. 184, and build us Godowns on the New Reclamation, equal in every respect to our present Godowns, and guaranteeing a good and solid foundation, and pay us for disturbance of business at the rate of our present earnings until the completion of the building of the Godowns and re-establishment of the business.
If His Excellency the Governor, as representative of the Crown and the Marine Lot-holders, is prepared to accept either of the above methods, or suggest any other way of arriving at full and fair compensation, I shall have much pleasure in meeting the Director of Public Works, in order to settle the matter without further unnecessary delay.
I have the honour to be,
Sir,
Your obedient Servant,
No. 1198.
SIR,
COLONIAL SECRETARY'S OFFICE,
Hongkong, 28th June, 1892.
In reply to your letter of 24th instant, I am directed to inform you that the Director of Public Works is ready to see you at any time for which you may make an appointment with him, with a view to his receiving from you a statement of the alleged depreciation of your property. It appears however from previous correspondence that you will not be able to submit such a statement until the reclamation in front of your property is completed.
I have the honour to be,
Sir,
Your most obedient Servant,
The Honourable G. T. M. O'BRIEN, C.M.G.,
Colonial Secretary.
No. 1227.
SIR,
THOS. HOWARD, Esq.
HONGKONG, 1st July, 1892.
THOS. HOWARD.
COLONIAL SECRETARY'S OFFICE,
HONGKONG, 2nd July, 1892.
In reply to your letter of 1st instant, I am directed to state that unless and until you prove depreciation of your property by reason of the construction of the reclamation in front of it, it is premature to discuss whether any, and, if so, what compensation should be given to you therefor; and that when you are prepared to prove such depreciation, you should, as already stated by me, submit a statement thereof to the Director of Public Works.
I have the honour to be,
Sir,
Your most obedient Servant,
G. T. M. O'BRIEN, Colonial Secretary.
I have the honour to acknowledge the receipt of your letter of the 28th June, in reply to mine of the 24th, in which you inform me that the Director of Public Works is ready to see me at any time with a view to receiving from me a statement of the alleged depreciation of our property; and that, from previous correspondence it appears that I shall not be able to submit such statement until the Reclamation in front of our Lot is completed.
In reply, I have to repeat that, as no depreciation has, as yet, taken place, it is impossible to prove a loss. I did not say that I should not be able to submit a statement of depreciation until the Reclamation is completed; for, it will be apparent that not only depreciation of the property, but destruction of the business connected therewith will commence when access by the sea to our Godowns is interfered with, at which time the subject of compensation will arise; and to save unnecessary correspondence, I will give you my views as to compensation, which briefly stated are as follow.
1st. Let the Government, on behalf of the Marine Lot-holders, who are the sole beneficiaries under the Praya Reclamation Ordinance, resume Marine Lot No. 184, and pay us the value of the land, the value of the Godowns thereon, and 10 per cent. for the disturbance of the business connected therewith, as is done in compensation cases in London.
HONGKONG, 13th July, 1892.
I have the honour to acknowledge the receipt of your letter of the 2nd instant, informing me that unless and until I prove depreciation of our property by reason of the Reclamation in front of it, it is premature to discuss whether any, and, if so, what compensation should be given to us, and that when I am prepared to prove depreciation, I must submit a statement thereof to the Director of Public Works.
In reply, I beg most respectfully to point out that under the Praya Reclamation Ordinance, the duty of determining the amount of compensation to be awarded rests with the Governor, and not with the Director of Public Works; and that it is not competent to His Excellency to turn over the duty to any officer, however experienced he may be.
50
This delay, as I pointed out in my last letter to you, is prejudicial to me; and, as I assume that His Excellency does not desire that the interests of any Crown Lessee should be prejudicially affected by delay on his part, I have now to ask if His Excellency will give instructions that the Director of Public Works may at once meet me, in order to settle the amount of compensation, with reference, if need be, to the Chief Justice.
I have the honour to be,
The Honourable G. T. M. O'BRIEN, C.M.G.,
Colonial Secretary.
Sir,
Your most obedient Servant,
THOS. HOWARD.
51
643
Or, 2ud. Let the Government resume Marine Lot No. 184, and buikl us Godowns on the New Reclamation, equal in every respect to our present Godowns, and guaranteeing a good and solid foundation, and pay us for disturbance of business at the rate of our present earnings until the completion of the building of the Godowns and re-establishment of the business.
If His Excellency the Governor, as representative of the Crown and the Marine Lot-holders, is prepared to accept either of the above methods, or suggest any other way of arriving at full and fair compensation, I shall have much pleasure in meeting the Director of Public Works, in order to settle the matter without further unnecessary delay.
I have the honour to he
Sir,
Your obedient Servant,
No. 1198.
SIR,
COLONIAL SECRETARY'S OFFICE,
Hosokosa, 28th June, 1892.
In reply to your letter of 24th instant, I am directed to inform you that the Director of Public Works is ready to see you at any time for which you may make an appointment with him, with a view to his receiving from you a statement of the alleged depreciation of your property. It appears however from previous cor- respondence that you will not be able to submit such a statement until the recla mation in front of your property is completed.
I have the honour to be,
Sir,
Your most obedient Servant,
The Honourable G. T. M. O'BRIEN, C.M.G..
No. 1227.
SIR,
until
Colonial Secretary.
THOS. HOWARD, Esq.
SIB,
G. T. M. O'BRIEN,
Colonial Secretary.
HONGKONG, 1st July, 1892.
THOS, HOWARD.
COLONIAL SECRETARY'S OFFICE,
HONGKONG, 2nd July, 1892.
In reply to your letter of 1st instant, ain directed to state that unless and you prove depreciation of your property by reason of the construction of the reclamation in front of it, it is premature to discuss whether any, and, if
So, what compensation should be given to you therefor; and that when you are prepared to prove such depreciation, you should, as already stated by me, submit a statement thereof to the Director of Public Works.
I have the honour to be,
Sir,
Your most obedient Servant,
G. T. M. O'BRIEN, Colonial Secretary.
I have the honour to acknowledge the receipt of your letter of the 28th June, in reply to mine of the 24th, in which you inform me that the Director of Public Works is ready to see me at any time with a view to receiving from ine a state- ment of the alleged depreciation of our property; and that, from previous cor- respondence it appears that I shall not be able to submit such statement until the Reclamation in front of our Lot is completed.
In reply, I have to repeat that, as no depreciation has, as yet, taken place, it is impossible to prove a loss. I did not say that I should not be able to submit a statement of depreciation until the Reclamation is completed; for, it will be apparent that not only depreciation of the property, but destruction of the business con- nected therewith will commence when access by the sea to our Godowns is interfered with, at which time the subject of compensation will arise; and to save unnecessary correspondence, I will give you my views as to compensation, which briefly stated are as follow.
1st. Let the Government, on behalf of the Marine Lot-holders, who are the sole beneficiaries under the Praya Reclamation Ordinance, resume Marine Lot No. 184, and pay us the value of the land, the value of the Godowns thereon, and 10 per cent. for the disturbance of the business connected therewith, as is done in compensation cases in London.
Thos. HOWARD, Esq.
SIR,
HONGKONG, 13th July, 1892.
I have the honour to acknowledge the receipt of your letter of the 2nd instant, informing me that unless and until I prove depreciation of our property by reason of the Reclamation in front of it, it is premature to discuss whether any, and, if so, what compensation should be given to us, and that when I am prepared to prove depreciation, I must submit a statement thereof to the Director of Public Works.
In reply, I beg most respectfully to point out that murder the Praya Reclama- tion Ordinance, the duty of determining the amount of compensation to be awarded rests with the Governor, and not with the Director of Public Works; and that it is not competent to His Excellency to turn over the duty to any officer, however experienced he may be.
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