610
in respect of private rights.
Mr. C.A. Cripps has written that the Award being under the Ordinance, the Governor is bound to decide upon proper and legal grounds and not in an arbitrary manner.
Justice Fielding Clarke stated that it was within the alter competency of the Hong Kong Legislature to modify, and even destroy existing rights; although of course the greatest care should be exercised that no injury be inflicted without adequate compensation.
Chief Justice Sir John Carrington endorsed this, and added that although the legal right is taken away, it cannot but be a point of honour with the Governor to pay full regard to the moral right.
Attorney General Goodman stated before the Full Court on the 30th March 1898, that the Government had not said that it would not fairly and rightly assess the damage, even if only morally bound, and he recognised the loss of intermediate rent rights as a proper subject of claim for compensation.
Las
The present Chief Justice of Hong Kong Sir F.T. Piggott, who sat as Judicial Assessor on the recent Enquiry, stated that in his opinion the case falls within the principle given in "Cripps on Compensation" (4th Ed. p.128) and the owner is entitled to compensation for depreciation; and as to loss of rents he states that if silting occurred, this is a proper subject for compensation and may be awarded under the Ordinance.
8. Governor Sir Matthew Nathan held the Enquiry, and the proceedings thereunder with the award are printed in pamphlet form, which no doubt is in possession of the Colonial Office.
From these it will be seen that the Governor took the land alone as distinct from the land with the Buildings thereon, as the only subject for Compensation, when he ought to have known that the land without the buildings had
610
in respect of private rights.
Mr. C.A. Cripps has written that the Award being under the Ordinance, the Governor is bound to decide upon proper and legal grounds and not in an arbitrary manner.
Justice Fielding Clarke stated that it was within the
alter competency of the Hong Kong Legislature to modify, and even destroy existing rights; although of course the great- est care should be exercised that no injury be inflicted without adequate compensation.
Chief Justice Sir John Carrington endorsed this, and added that although the legal right is taken away, it cannot but be a point of honour with the Governor to pay full regard
to the moral right.
Attorney General Goodman stated before the Full Court on the 30th March 1898, that the Government had not said that it would not fairly and rightly assess the damage, even if
only morally bound, and he recognised the loss of intermediate rent
rights as a proper subject of claim for compensation.
Las
The present Chief Justice of Hong Kong Sir F.T.Piggott, who sat as Judicial Assessor on the recent Enquiry, stated that in his opinion the case falls within the principle given in "Cripps on Compensation" (4th Ed. p.128) and the owner is entitled to compensation for depreciation; and as to loss of rents he states that if silting occurred, this is a proper subject for compensation and may be awarded under
the Ordinance.
8. Governor Sir Matthew Nathan held the Enquiry, and the proceedings thereunder with the award are printed in pamphlet form, which no doubt is in possession of the Colonial Office.
From these it will be seen that the Governor took the land alone as distinct from the land with the Buildings thereon, as the only subject for Compensation, when he ought to have known that the land without the buildings
had
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