52
I have further very respectfully to submit that before sending in any claim under the Ordinance No. 16 of 1889, I am entitled to know, as it has been left entirely undetermined by the Ordinance and completely in His Excellency's discretion, in what manner and upon what principles His Excellency intends to proceed in awarding compensation to holders of Marine Lots who have not thought fit to come in under the Ordinance and join in the work of the Praya Reclamation. There are apparently three courses open to His Excellency in dealing with our claim.
He may avail himself of the provision in the Crown Lease that enables the Government at any time to resume our Lot, upon payment of full and fair compensation. This is the simplest and easiest method of working, and was evidently contemplated by the framers of the Ordinance, as they have, by section 2, declared the Praya Reclamation a "Public Work" within the meaning of the clause in the Crown Lease.
I ask His Excellency for a definite answer, yes or no; will the Government avail itself of this provision of the Ordinance and resume our Lot? If yes, I will then at once send in a claim, and waive the three months' notice required.
The Government may, in the second place, decide not to resume our Lot, but to give us compensation under sub-section 6 of section 7 of the Reclamation Ordinance, giving us full and fair compensation for any injury sustained, upon the principles applicable in all compensation cases in England.
If His Excellency will tell me that he intends to interpret and apply the Praya Reclamation Ordinance in this sense, I will at once send in our claim.
But there is the possibility that His Excellency may be advised or be of opinion that the Reclamation Ordinance gives him an arbitrary discretion to give or withhold compensation as he pleases, irrespective of the facts of the case or of the evidence, and if he awards compensation, to give it in any measure he thinks fit.
I admit that the words of the Praya Reclamation Ordinance lend themselves to this interpretation.
If this is His Excellency's view, and if he wishes me to send in a claim to be dealt with on that footing, I can only say that I have no intention of being so treated, and will not send in any claim, but take steps to assert our rights under the Crown Lease in the Courts of Law.
I do not say this as a threat; nor do I desire that it should have the least appearance of threatening.
I am quite ready and willing to submit our claim to the just judgment of His Excellency the Governor, if only I am assured that he intends to proceed in the ordinary course of compensation cases, and not in the arbitrary fashion apparently sanctioned by the Reclamation Ordinance, but I must know, before I submit and so bind myself to accept his decision, upon what principles he intends to proceed.
I think this is a fair question, and I most respectfully ask for a reply.
I would further very respectfully submit for His Excellency's consideration that in asking me to prove depreciation only, there is some misunderstanding as to my position and as to the business carried on by me.
We are the owners of large and valuable godowns situated on Marine Lot No. 184, Praya West.
They are separated from the waters of the harbour by a Praya 50 feet in width. We constructed a wooden Pier 300 feet long and 100 feet wide at the end, immediately in front of the centre avenue of these Godowns, to which the largest merchant steamers visiting our port could come at all states of the tide.
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Our business is to store goods in these godowns for Chinese Merchants and Traders at a rent, and to lend money on the security of the goods so stored at a profit. From the storage of goods alone, we derive an income of about $16,000 a year on the average.
The value of these godowns depends entirely on their close proximity to the seat. It can, therefore, be easily understood that when access by water to our godowns is interfered with by an addition of 260 feet of Reclamation in front thereof, with an extra 70 feet of roadway to get to our front entrance, it would be almost impossible for the carrying coolies to carry, as they now do, a weight of 200 pounds each on the shoulder, over a length of 330 feet without a rest; and if an extra body of coolies had to be employed, the expenses of receiving and delivering cargo would be increased to such an extent that the Chinese merchants would no longer send cargo to our godowns, which facts alone are sufficient to show that our business would be ruined; but, even if this were not so, no merchant would run the risk of loss from leakage out of thousands of broken bags and packages, as well as damage to the contents from heavy tropical rains while being carried a distance of 330 feet, when he could, as now, get to godowns by crossing a road of only 50 feet.
The sale value is gone already, for no one will buy a property that at a day's notice may be rendered valueless for the only purpose for which it can be used. From the date of the commencement of the Reclamation in the immediate front of our godowns, our business is, not partially, but entirely destroyed, and the compensation payable for that can be assessed as easily to-day as at any future time.
We could only utilize the land and buildings by pulling down the latter and erecting, at great expense, Chinese houses on the land, as the Wharf and Godown Company are already doing with their godowns.
No man's land can be taken in England; no man's business affected in the least degree; and no public work commenced until compensation has been assessed and paid or secured; and I am entitled to ask, and I do ask that before the work of Reclamation commences, work that will at once destroy our business, our Lot may be either resumed and paid for, or our claim for compensation put in a fair way for settlement.
His Excellency may ask even now why I do not consent to the Reclamation scheme and join in it?
It may have been suggested to His Excellency that I am standing out without having any just grounds for so doing, and that I am entitled to little or no consideration.
I refuse to join in the Reclamation scheme because the land offered to us in the immediate front of our present Lot, under the scheme, is not worth the expense and loss to be faced. The area apportioned to us is only about one-fourth of our requirement for our business; and even if it were large enough, would not be suitable, except at an enormous cost for foundation, for godowns such as ours; and with my experience in such matters, I would not attempt for years to build godowns on newly reclaimed ground with 30 feet of mud beneath.
I cannot therefore join in the Reclamation scheme. It does not hold out to us the advantages it does to others.
I am compelled, consequently, to claim compensation either under the Crown Lease, or the Praya Reclamation Ordinance, or through the Courts.
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52
I have further very respectfully to submit that before sending in any claim under the Ordinance No. 16 of 1889, I am entitled to know, as it has been left entirely undetermined by the Ordinance and completely in His Excellency's discretion, in what manner and upon what principles His Excellency intends to proceed in awarding compensation to holders of Marine Lots who have not thought fit to come in under the Ordinance and join in the work of the Praya Reclamation, There are apparently three courses open to His Excellency in dealing with our claim.
He may
avail himself of the provision in the Crown Lease that enables the Government at any time to resume our Lot, upon payment of full and fair com- pensation. This is the simplest and easiest method of working, and was evidently contemplated by the framers of the Ordinance, as they have, by section 2, declared the Praya Reclamation a "Public Work" within the meaning of the clause in the Crown Lease.
I ask His Excellency for a definite answer, yes or no; will the Government avail itself of this provision of the Ordinance and resume our Lot? If yes, I will then at once send in a claim, and waive the three months' notice required.
The Government may, in the second place, decide not to resume our Lot, but to give us compensation under sub-section 6 of section 7 of the Reclamation Ordinance, giving us full and fair compensation for any injury sustained, upon the principles applicable in all compensation cases in England.
If His Excellency will tell me that he intends to interpret and apply the Praya Reclamation Ordinance in this sense, I will at once send in our claim.
But there is the possibility that His Excellency may be advised or be of opinion that the Reclamation Ordinance gives him an arbitrary discretion to give or withhold compensation as he pleases, irrespective of the facts of the case or of the evidence, and if he awards compensation, to give it in any measure he thinks
fit.
I admit that the words of the Praya Reclamation Ordinance lend themselves
to this interpretation.
If this is His Excellency's view, and if he wishes me to send in a claim to be dealt with on that footing, I can only say that I have no intention of being so treated, and will not send in any claim, bat take steps to assert our rights ander the Crown Lease in the Courts of Law.
I do not say this as a threat; nor do I desire that it should have the least appearance of threatening.
I am quite ready and willing to submit our claim to the just judgment of His Excellency the Governor, if only I am assured that he intends to proceed in the ordinary course of compensation cases, and not in the arbitrary fashion apparently sanctioned by the Reclamation Ordinace, but, I must know, before I submit and so bind myself to accept his decision, upon what principles he intends to proceed.
I think this is a fair question, and I most respectfully ask for a reply.
I would further very respectfully submit for His Excellency's consideration that in asking me to prove depreciation only, there is some misunderstanding as to my position and as to the business carried on by me.
We are the owners of large and valuable godowns situated on Marine Lot No. 184, Praya West.
They are separated from the waters of the harbour by a Praya 50 feet in width. We constructed a wooden Pier 300 feet long and 100 feet wide at the end, immediately in front of the contre avenue of these Godowns, to which, the largest merchant steamers visiting our port, could come at all states of the tide.
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644
Our business is to store goods in these godowns for Chinese Merchants and Traders at a rent, and to lend money on the security of the goods so stored at a profit. From the storage of goods alone, we derive an income of about $16,000 a year on the average.
seat.
The value of these godowns depends entirely on their close proximity to the It can, therefore, be easily understood that when access by water to our godowns is interfered with by an addition of 260 feet of Reclamation in frout thereof, with an extra 70 feet of roadway to get to our front entrance, it would be almost impossible for the carrying coolies to carry, as they now do, a weight of 200 pounds each on the shoulder, over a length of 330 feet without a rest; and if an extra body of coolies had to be employed, the expenses of receiving and delivering cargo would be increased to such an extent that the Chinese merchants would no longer send cargo to our godowns, which facts alone are sufficient to show that our business would be ruined; but, even if this were not so, no merchant would run the risk of loss from leakage out of thousands of broken bags and packages, as well as damage to the contents from heavy tropical rains while being carried a distance of 330 feet, when he could, as now, get to golowns by crossing a road of only 50 feet.
notice
may
The sale value is gone already, for no one will buy a property that at a day's-
be rendered valueless for the only purpose for which it can be used. From the date of the commencement of the Reclamation in the immediate front of our godowns, our business is, not partially, but entirely destroyed, and the compensation payable for that can be assessed as easily to-day as at any future time.
We could only utilize the land and buildings by pulling down the latter and erecting, at great expense. Chinese houses on the land, as the Wharf and Godown Company are already doing with their godowns.
No man's land can be taken in England; no man's business affected in the least degree; and no public work commenced until compensation has been assessed and paid or secured; and I am entitled to ask, and I do ask that before the work of Reclamation commences, work that will at once destroy our business, our Lot may be either resumed and paid for, or our claim for compensation put in a fair way for settlement.
His Excellency may ask even now why I do not consent to the Reclamation scheme and join in it?
It may have been suggested to His Excellency that I am standing out with. out having any just grounds for so doing, and that I am entitled to little or no consideration.
I refuse to join in the Reclamation scheme because the land offered to us in the immediate front of our present Lot, under the scheme, is not worth the expense and loss to be faced. The area apportioned to us is only about one-fourth of our requirement for our business; and even if it were large enough, would not be suit- able, except at an enormous cost for foundation, for godowns such as ours; and with my experience in such matters, I would not attempt for years to build godowns on newly reclaimed ground with 30 feet of mud bencath,
I cannot therefore join in the Reclamation scheme, It does not hold out to us the advantages it does to others.
I am compelled, consequently, to claim compensation either under the Crown Lease, or the Praya Reclamation Ordinance, or through the Courts.
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