659
•
+
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longer a Marine Lot, and the answer has been admitted on all sides that it is that of an Inland Lot, and can only be appropriately described as such, as Inland Lots are known in this Colony.
8. Thus the compensation to which I am entitled is the value of Marine Lot 184 before any loss caused by destruction of access occurred, less any sum which the Lot will realise as an Inland Lot.
9. The only discussion which I could anticipate would be the best method of ascertaining these values. The value as an Inland Lot can only be ascertained by sale at auction, or by tender, or privately at an agreed figure, but it occurred to me that it would be more valuable if the Government would sell with it the Reclamation in front, and, as it is only the Government who can give this increased value, I have not taken any step to ascertain the value by sale to the detriment of the Government or Marine Lot holders upon whom the payment of compensation may fall, with which question, I believe, I am in no way concerned.
10. The Attorney General, the Hon'ble W. M. Goodman, having informed the full Court that the Government had never said that they would not fairly and rightly assess the compensation, even if only morally bound, I, as you will no doubt have observed from the former papers, placed myself unreservedly in the hands of His Excellency the Officer Administering the Government, and following the course which I believed was the only proper course to pursue, I forwarded my claim, through the Colonial Secretary, based upon the net rentals of the Godowns actually received by me, which I venture to affirm is the only correct way of arriving at the fair value, at all events, it is the way adopted by London Valuers.
11. The two Judges, Sir James Russell and Sir Fielding Clarke, in the City Hall case, said that the greatest care should be taken that no injury be inflicted without adequate compensation, but you object to pay for actual loss of rentals since 1895, caused by obstruction of access, as also the customary 10 per cent. for disturbance of business. Loss on money lending on goods, stored in our Godowns I have not claimed.
12. As you are aware, the rentals from freehold land in England are capitalised at 33 years' purchase, and for freehold land and buildings in similar cases to ours at 20 to 25 years' purchase, and therefore I believed, as I still believe, that considering the term of our Crown lease is 999 years, and therefore equal to freehold, I was only acting fairly and rightly in showing the capitalised value at 163 years' purchase for this colony.
13. My figures have been checked and my books examined by Mr. Nicolle, the local auditor, and I know he has found my figures correct to the last cent.
14. No reason has ever been given to me why I should not find the value of the Marine Lot, by capitalising the net rentals as I have done, and yet I am told that unless I very materially modify my views upon that point, that is, as I read your letter, unless I am prepared to commit an act of great injustice to myself and to my co-owner, you will return all the papers to His Excellency.
15. I have no objection to this course, for I am satisfied that you would not advise His Excellency to exercise his discretion so as to effect a manifest injustice, and I feel sure that His Excellency in exercising his discretion will not do so for the purpose of doing a wrongful injury, nor without giving consideration to my evidence.
16. If you require further evidence of value from me by surveyors or others, I am quite ready to furnish it, but I wish it to be clearly understood that if my sacrifice down to $200,000 be not accepted as the value of our Marine Lot, I reserve to myself the right to withdraw this offer and place myself in the hands of my professional advisers.
83
17. In justice to myself I will ask you to kindly forward this letter to His Excellency.
I am,
dear Sir,
Yours truly,
THOMAS HOWARD.
H. E. POLLOCK, Esq.
ATTORNEY GENERAL'S CHAMBERS,
HONGKONG, 7th November, 1898.
DEAR SIR,
Marine Lot No. 184.
I beg to acknowledge the receipt of your letter of this date.
The papers relating to this matter will be returned by me to His Excellency the Governor, to whom your letter will be submitted as you request.
It seems unnecessary for me to comment upon the various points which are mentioned in your letter.
T. HOWARD, Esq.
No. 2091.
I am,
dear Sir,
Yours faithfully,
HENRY E. POLLOCK.
COLONIAL SECRETARY'S OFFICE,
HONGKONG, 12th November, 1898.
With reference to your letter of the 7th instant addressed to the Acting Attorney General, I am directed to request that you will transmit to this office not later than Wednesday, the 16th instant, any reports and plans relating to the alleged silting of the foreshore in front of your Marine Lot 184 which you may desire to lay before the Officer Administering the Government who purposes giving his decision upon your claim in the short time which elapses before the arrival of Sir H. A. Blake on or about the 24th instant.
T. HOWARD, Esq.
SIR,
I have the honour to be,
Sir,
Your most obedient Servant,
T. SERCOMBE SMITH,
Acting Colonial Secretary.
HONGKONG, 15th November, 1898.
Marine Lot No. 184.
In compliance with the request in your letter of the 12th instant, I have now the honour to send you Photographs, Plans, Reports, and Declarations relating to the condition and silting up of the Foreshore in front of our Marine Lot No. 184, which I desire to lay before His Excellency the Officer Administering the Government, a list of which is on annexed sheet,
659
•
+
82
longer a Marine Lot, and the answer has been admitted on all sides that it is that of an Inland Lot, and can only be appropriately described as such, as Inland Lots are known in this Colony.
8. Thus the compensation to which I am entitled is the value of Marine Lot 184 before any loss caused by destruction of access occurred, less any sun which the Lot will realise as an Inland Lot.
9. The only discussion which I could anticipate would be the best method of ascertaining these values. The value as an Inland Lot can only be ascertained by sale at auction, or by tender, or privately at an agreed figure, but it occurred to me that it would be more valuable if the Government would sell with it the Recla- mation in front, and, as it is only the Government who can give this increased value, I have not taken any step to ascertain the value by sale to the detriment of the Government or Marine Lot holders upon whom the payment of compensation may fall, with which question, I believe, I am in no way concerned.
10. The Attorney General, the Hon'ble W. M. Goodman, having informed the full Court that the Government had never said that they would not fairly and rightly assess the compensation, even if only morally bound, I, as you will no doubt have observed from the former papers, placed myself unreservedly in the hands of His Excellency the Officer Administering the Government, and following the course which I believed was the only proper course to pursue, 1 forwarded my claim, through the Colonial Secretary, based upon the net rentals of the Godowns actually received by me, which I venture to affirm is the only correct way of arriving at the fair value, at all events, it is the way adopted by London Valuers.
11. The two Judges, Sir James Russell and Sir Fielding Clarke, in the City Hall case, said that the greatest care should be taken that no injury be inflicted without adequate compensation, but you object to pay for actual loss of rentals since 1895, caused by obstruction of access, as also the customary 10 per cent. for disturbance of business. Loss on money lending on goods, stored in our Godowns I have not claimed.
12. As you are aware, the rentals from freehold land in England are capi- talised at 33 years' purchase, and for freehold land and buildings in similar cases to ours at 20 to 25 years' purchase, and therefore I believed, as I still believe, that considering the term of our Crown lease is 999 years, and therefore equal to free- hold, I was only acting fairly and rightly in showing the capitalised value at 163 years' purchase for this colony.
13. My figures have been checked and my books examined by Mr. Nicolle, the local anditor, and I know he has found my figures correct to the last cent.
14. No reason has ever been given to me why I should not find the value of the Marine Lot, by capitalising the net rentals as I have done, and yet I am told that unless I very materially modify my views upon that point, that is, as I read your letter, unless I am prepared to commit an act of great injustice to myself and to my co-owner, you will return all the papers to His Excellency.
15. I have no objection to this course, for I am satisfied that you would not advise His Excellency to exercise his discretion so as to effect a manifest injustice, and I feel sure that is Excellency in exercising his discretion will not do so for the
of doing a wrongful injury, nor without giving consideration to my purpose evidence.
I
16. If you require further evidence of value from me by surveyors or others, am quite ready to furnish it, but I wish it to be clearly understood that if my sacrifice down to $200,000 be not accepted as the value of our Marine Lot, I reserve to myself the right to withdraw this offer and place myself in the hands of my professional advisers,
83
17. In justice to myself I will ask you to kindly forward this letter to His
Excellency.
I
am,
dear Sir,
Yours truly,
THOMAS HOWARD.
H. E. POLLOCK, Esq.
ATTORNEY GENERAL'S CHAMBERS,
HONGKONG, 7th November, 1898.
DEAR SIR,
Marine Lot No. 184.
I beg to acknowledge the receipt of your letter of this date.
The papers relating to this matter will be returned by me to His Excellency
the Governor, to whom your letter will be submitted as you request.
It seems unnecessary for me to comment upon the various points which are
mentioned in
your
letter.
T. HOWARD, Esq.
No. 2091.
SIR,
I
am,
dear Sir,
Yours faithfully,
HENRY E. POLLOCK.
COLONIAL SECRETARY'S OFFICE,
HONGKONG, 12th November, 1898.
With reference to your letter of the 7th instant addressed to the Acting Attorney General, I am directed to request that you will transmit to this office not later than Wednesday, the 16th instant, any reports and plans relating to the alleged silting of the foreshore in front of your Marine Lot 184 which you may desire to lay before the Officer Administering the Government who purposes giving bis decision upon your claim in the short time which elapses before the arrival of Sir H. A. Blake on or about the 24th instant.
T. HOWARD, Esq.
SIR,
I have the honour to be,
Sir,
Your most obedient Servant,
T. SERCOMBE SMITH,
Acting Colonial Secretary.
HONGKONG, 15th November, 1898.
Marine Lot No. 184.
In compliance with the request in your letter of the 12th instant, I have now the honour to send you Photographs, Plans, Reports, and Declarations relating to
the condition and silting up of the Foreshore in front of our Marine Lot No. 184, which I desire to lay before His Excellency the Officer Administering the Govern- ment, a list of which is on annexed sheet,
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