CO129-327 - Individuals - 1904 — Page 103

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letter until the 12th September 1903.

In the meantime the Government through the Attorney General brought in and secured the passage through the Legislative Council of a new Ordinance (No.13 of 1903) amending Ordinance No.18 of 1900.

The purport and effect of this Ordinance may be gathered from a perusal of Section 2 thereof which reads as follows:-

"The Chief Justice may at any time before "a title has been granted under Section 14 of "the principal Ordinance (that is Ordinance "No.18 of 1900), upon good cause shown grant "to the Attorney General leave to appeal to the "Full Court of the Supreme Court from any decision of the Land Court heretofore made, or "hereafter to be made on any Claim in relation "to land in the New Territories (other than a "decision on a Claim for compensation under "Section 14 of the principal Ordinance) in "respect of which the Land Court shall certify "that the value of the Claim is over $5,000, or "that there are special reasons why the case

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"to land in the New Territories (other than a "decision on a Claim for compensation under "Section 14 of the principal Ordinance) in "respect of which the Land Court shall certify "that the value of the Claim is over $5,000, or "that there are special reasons why the case -16~'

Page 101
should be brought before the Full Court.
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The Attorney General may with such leave
appeal to the Full Court from any such deci-
sion of the Land Court and the Full Court
shall hear and determine the appeal and
may make such order as it thinks fit.
4. On any such appeal the Full Court may
if it thinks fit state a case for the opinion of
the Court of Appeal on any question of law
or other matter arising on the appeal.
5. The Court of Appeal shall hear and de-
termine any such case so stated and may
make such order as it thinks fit.
6. The decision of the Court of Appeal on
any such case shall be final and conclusive
and not subject to appeal."
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It will be observed that the Ordinance
provides for an appeal to the Full Court
from decisions of the Land Court in certain
circumstances and a further appeal from
the Full Court to the Court of Appeal in
certain circumstances.
The Ordinance was assented to on the
8th July 1903.
On the 10th July 1903 the Attorney General
applied to the Chief Justice for leave to
appeal to the Full Court from certain deci-
sions of the Land Court.
The applications were heard by the Chief
Justice on the 17th, 18th, 20th and 21st July
1903 when he delivered judgment on the
various applications.
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The Chief Justice granted leave to appeal
in some cases and refused it in others.
The Attorney General appealed in the
cases in which leave was granted and the
appeals were heard by the Full Court on
the 27th, 28th, 29th, 30th and 31st July and
1st August 1903.
The Full Court delivered judgment on the
various appeals on the 7th August 1903.
The Full Court allowed some of the ap-
peals and dismissed others.
In some of the cases allowed the Full
Court stated a case for the opinion of the
Court of Appeal.
The Court of Appeal heard the cases so
stated on the 2nd and 3rd September 1903
and delivered judgment on the 12th Sep-
tember 1903.
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The Court of Appeal made certain orders
on the cases stated.
The judgments of the Land Court as
varied by the Full Court and the Court of
Appeal were duly carried into effect.
It is understood that the decisions of the
Land Court (subject to the appeals as
aforesaid) the judgments of the Full Court
and the Court of Appeal have finally deter-
mined the vast majority of the Claims that
were before the Land Court.
It is also understood that a few Claims
are still pending.
It is not considered necessary to trouble
you with details of the appeals and judg-
ments above referred to.
CO 882/7/8
XCR(85)72
GR1178/1922/32(III)
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