655.
74
6. I observe that, in your letter of 25th April, 1898, you speak of claiming Costs of Suit." I only allude to the subject to prevent your supposing that the Officer Administering the Government would entertain such a claim for one moment.
I have the honour to be,
Sir,
Your most obedient Servant,
T. SERCOMBE SMITH,
Acting Colonial Secretary.
75
going on in front thereof and obstructing access thereto, is becoming so serious that, in order to prevent further unnecessary loss, I would suggest that the Government proceed at the earliest possible moment to investigate our claim.
The rents for the first six months of this year are $4,329.24 less than for the corresponding six months in the year 1895.
Comment is unnecessary.
I have the honour to be,
Sir,
Your obedient Servant,
THOS. HOWARD.
The Honourable T. SERCOMBE SMITH,
SIR,
HONGKONG, 16th June, 1898,
In reply to your letter of the 14th instant, I have to say that I do not hold any written authority to make a claim on behalf of Mr. M. J. D. Stephens.
2. It was hardly necessary to open up the question of the power apparently conferred upon the Governor by sub-section 6 of section 7 of Ordinance 16 of 1889, that he could take away the rights of a Crown Lessee without compensation if he so pleases, after the declaration of Her Majesty's Attorney General for Hongkong, before the full Court on the 30th March last, that the Government would fairly and rightly, even if only morally bound, decide as to damage and compensation.
3. In accordance with your suggestion I now send two statements showing how the figures in my claim for loss of rentals were arrived at, and our books are open to the inspection of any Officer the Government may appoint.
4. That there has been silting up of our frontage, obstructing access by water thereto, Mr. Leigh's report enclosed herewith will show; and the Government is already in possession of Messrs. Palmer & Turner's report thereon, as well as copy of photograph taken by Afong showing the foreshore at low water.
5. As to the Government being under no obligation to resume our Lot, I confess I do not see how compensation can be accurately determined without resumption and sale; for, the measure of compensation is the difference in value between the Lot, as a Marine Lot, which value we know, and the value when the said Lot becomes an Inland Lot and no use for the purpose of Godowns, which value can only be found by a sale of the property.
6. As to the "costs of suit" the Chief Justice said they would have to be dealt with, and I have no doubt of his ability to deal with them if the Government refuses.
No. 1118.
Sir,
Acting Colonial Secretary.
COLONIAL SECRETARY'S OFFICE,
HONGKONG, 4th July, 1898.
I shall be glad if you will obtain from Mr. M. J. D. Stephens and forward to this Office a written statement to the effect that he will be bound by any arrangement arrived at with yourself by the Government in respect of Marine Lot 184.
I have the honour to be,
T. HOWARD, Esq.
SIR,
Your most obedient Servant,
T. SERCOMBE SMITH,
Acting Colonial Secretary,
COLONIAL SECRETARY'S OFFICE,
HongKong, 5th July, 1898.
With reference to that part of your letter of 16th June last, in which you state that your books are open to the inspection of any officer whom the Government may appoint, I am directed to inform you that Mr. H. C. Nicolle has been appointed for that purpose and will call at your office at 2.30 p.m. on Thursday, 7th instant.
I have the honour to be.
The Honourable T. SERCOMBE SMITH,
I have the honour to be,
Sir,
Your obedient Servant,
THOS. HOWARD,
T. HOWARD, Esq.
Sir,
Your most obedient Servant,
T. SERCOMBE SMITH,
Acting Colonial Secretary,
SIR,
Acting Colonial Secretary.
Marine Lot No. 184.
HONGKONG, 2nd July, 1898.
I desire to bring to the notice of the Government that the loss of rentals from the Godowns standing on the above-named Lot, caused by the Reclamation works
SIR,
HONGKONG, 5th July, 1898.
In compliance with the request contained in your letter of yesterday's date, I have obtained a written statement from Mr. M. J. D. Stephens that he will be bound by any arrangement which may be arrived at by the Government and myself in respect of Marine Lot No. 184; which statement I enclose herewith.
655.
74
6. I observe that, in your letter of 25th April, 1898, you speak of claiming * Costs of Suit," I only allude to the subject to prevent your supposing that the Officer Administering the Government would entertain such a claim for one
moment.
I have the bonour to be,
Sir,
Your most obedient Servant,
T. SERCOMBE SMITH,
Acting Colonial Secretary.
75
going on in front thereof and obstructing access thereto, is becoming so serious that,
in order to prevent further unnecessary loss, I would suggest that the Government proceed at the earliest possible moment to investigate our claim.
The rents for the first six mouths of this year are $4,329.24 less than for the corresponding six months in the year 1895.
Comment is unnecessary.
I have the honour to be,
Sir,
Your obedient Servant,
T. HOWARD, Esq.
The Honourable T. SERCOMBE SMITH,
THOS, HOWARD.
SIR,
HONGKONG, 16th June, 1898,
In reply to your letter of the 14th instant, I have to say that I do not hold any written authority to make a claim on behalf of Mr. M. J. D. Stephens.
2. It was hardly necessary to open up the question of the power apparently conferred upou the Governor by sub-section 6 of section 7 of Ordinance 16 of 1889, that he could take away the rights of a Crown Lessee without compensation if he so pleases, after the declaration of Her Majesty's Attorney General for Hongkong, before the full Court on the 30th March last, that the Government would fairly and rightly, even if only morally bound, decide as to damage and compensation.
3. In accordance with your suggestion I now send two statements showing how the figures in my claim for loss of rentals were arrived at, and our books are open to the inspection of any Officer the Government may appoint.
4. That there has been silting up of our frontage, obstructing access by water thereto, Mr. Leigh's report enclosed herewith will show; and the Government is already in possession of Messrs. Palmer & Turner's report thereon, as well as copy of photograph taken by Afong showing the foreshore at low water.
5. As to the Government being under no obligation to resume our Lot, I confess I do not see how compensation can be accurately determined without resumption and sale; for, the measure of compensation is the difference in value between the Lot, as a Marine Lot, which value we know, and the value when the said Lot becomes an Inland Lot and no use for the purpose of Godowns, which value can only be found by a sale of the property.
6. As to the "costs of suit" the Chief Justice said they would have to be dealt with, and I have no doubt of his ability to deal with them if the Government refuses.
No. 1118.
Sin,
Aeting Colonial Secretary.
COLONIAL SECRETARY'S OFFICE,
HONGKONG, 4th July, 1898.
I shall be glad if you will obtain from Mr. M. J. D. Stepliens and forward to this Office a written statement to the effect that he will be bound by any arrange. ment arrived at with yourself by the Government in respect of Marine Lot 184.
I have the honour to be,
T. HOWARD, Esq.
SJR,
Sir,
Your most obedient Servant,
T. SERCOMBE SMITH,
Acting Colonial Secretary,
COLONIAL SECRETARY'S OFFICE,
HongKose, 5th July, 1898.
With reference to that part of your letter of 16th June last, in which you state that your books are open to the inspection of any officer whom the Govern- ment may appoint, I am directed to inform you that Mr. H. C. Nicolle has been appointed for that purpose and will call at your office at 2.30 p.m. on Thursday, 7th instant.
I have the honour to be.
The Honourable T. SERCOMBE SMITH,
I have the honour to be,
Sir,
Your obedient Servant,
THOS. HOWARD,
T. HOWARD, Esq.
Sir,
Your most obedient Servant,
T. SERCOMBE SMITH,
Acting Colonial Secretary,
SIH,
Acting Colonial Secretary.
Marine Lot No. 184.
HONGKONG, 2nd July, 1898.
I desire to bring to the notice of the Government that the loss of rentals from the Godowns standing on the above-named Lot, caused by the Reclamation works
SIR,
HONGKONG, 5th July, 1898.
In compliance with the request containe in your letter of yesterday's date, I have obtained a written statement from Mr. M. J. D. Stephens that he will be bound by any arrangement which may be arrived at by the Government and myself in respect of Marine Lot No. 184; which statement I enclose herewith.
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