Crown Solicitor's Office,
Hongkong, 5th January, 1904.
Hon. Colonial Secretary,
I have the honour to report for the information of His Excellency that yesterday the Full Court of Appeal reversed the decisions of the Land Court on the claims known as U and K (Kowloon City Foreshore) and Ho Lap Pun's claim (Ngautsu-kok to Lyeemun Foreshore).
2. In the former case (U and K), in respect of which a claim for compensation to the amount of $488,227.00 was lodged, the claimants' claim has been wholly disallowed, and the foreshore is now the undisputed property of the Crown.
3. It has been ascertained however that the Lam clan (of Chek Mei in San On) have certain fishing rights over the area in respect of which they have a moral claim to compensation as they have not filed any claim to such fishing rights in the Land Court. I am of opinion that they have no legal claim.
Mr. Clementi is acquainted with all the facts in connection with this claim and will no doubt report further on it in due course.
4. In the latter case the Full Court found that Ho Lap Pun had, at the date of the transfer of territory, a fishing licence over an undefined area of the sea between Ngau Tau Kok and Lyeemun at a yearly rent of $5, and that such licence was revocable at the will of the Magistrate.
The value of such a licence for the purpose of compensation must be practically nil.
5. When the formal decrees in each case have been drawn up and filed I will report further with regard to both cases.
(Sd.) F.B.L. Bowley, Crown Sol.
OPY.
4686
RIGE 10 FEB 041
Crown Solicitor's Office,
Hongkong, 5th. January, 1904.
44
Hon. Colonial Secretary,
I have the honour to report for the informa-
tion of His Excellency that yesterday the Full Court of Appeal
reversed the decisions of the Land Court on the claims known as
U and K (Kowloon City Foreshore) and Ho Lap Pun's claim (Ngautsu-
kok to Lyeemun Foreshore).
2.
In the former case (U and K), in respect of
which a claim for compensation to the amount of $488,227.00 was
lodged, the claimants' claim has been wholly disallowed, and the
foreshore is now the undisputed property of the Crown.
8.
It has been ascertained however that the
Lam clan (of Chek Mei in San On) have certain fishing rights
over the area in respect of which they have a moral claim to com-
pensation as they have not filed any claim to such fishing
rights in the Land Court 1 am of opinion that they have no legal
claim.
Mr. Clementi is acquainted with all the
facts in connection with this claim and will no doubt report
further on it in due course.
4.
In the latter case the Full Court found
that Ho Lap Pun had, at the date of the transfer of territory,
a fishing licence over an undefined area of the sea between Ngau Tau Kok and Lyeemun at a yearly rent of $5, and that such licence
was revocable at the will of the Magistrate.
The value of such a licence for the pur-
pose of compensation must be practically nil.
5.
When the formal decrees in each case have
been drawn up and filed I will report further with regard to
both cases.
(Sd.) F.B.L.Bowley, Crown Sol.
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