instructed Tompson to forward the views of Counsel who advised that the decision of the Land Court should be appealed against, and that the Government should obtain powers by legislation to appeal to the Supreme Court.
These powers were obtained by Ordinance No. 13 of 1903. In August 1903, leave was granted to the Government to appeal. Hongkong Land Investment and Agency Company Limited, to whom the Ku Fat Shan property had been assigned, then applied to be parties to the appeal, but on 23 Nov 1903, the Supreme Court refused their application; the opposition having "crumbled away".
On 4 January 1904, the Supreme Court allowed the Government's appeal and reversed the decision of the Land Court, finding that the deed of 1883, on which the whole claim rested, was a forgery.
Ku Fat Shan and the Executrixes of Tong Wai Chim have since been appealing to the Hongkong Government for compensation on the grounds (a) that the 1883 deed had been duly registered by the Chinese magistrate of the Sun On District; (b) that petitioners were innocent purchasers for value.
In the present petition to the Secretary of State, they also lay some weight on the allegation that by Lockhart's letter of Feb 1902, the Government by implication promised to grant relief.
As to (a), the Govt has not the evidence of the Chinese magistrate that the deed and the registration deed upon it are not forgeries; the "deed" is also missing. The tax receipt, while showing that taxes were paid on behalf of Yut Ying, does not, according to the Court's view, help the petitioners, for the only evidence connecting Yut Ying with Law Tak Luk (Lam Cheung Fuk's Seed) is the 1883 deed which the Court found to be forged.
Moreover, as regards the receipts for payment of taxes, there is nothing to show that they relate to the fishing rights in question. (2) It has been found that the fishing rights belonged to the Lam Clan of Sun On, and that Yut Ying never had power to sell the fishing rights of the clan.
The Govt has accordingly paid $1,400 to the Lam clan as compensation for all the fishing rights claimed by the clan in Kowloon City Bay.
instructed tompnsent the frown He stained Counsel who advised that the decision of the Land Court
a that the Goveniment
wans
wrowt
should obtain powers by legislation to appeal to the Suprime (?".
These powers were
13
03
oblamed by
in August 1903 leave
was granted to the
Orgre to appeal Hongkong God?
Tong Wan Chun to whom the
aku Fan Shan
property had
the appeal,
besu assigned then applied to be
аббеб
ao
but
on
parties to
23 Nov 1903 the Suprime
Court refused their application;
the opposition
When
the appeal
"crumble5
away
4 Janou
the
the Supreme Court allowed
appeal onarsed the decision of
the Land Court-finding that the
Dee 5
7
1883, on which the whole claim
ristes, was
a
forgery.
Ku Far Shan & the Executrixes
of Tong Wai Chime have since been appealing to the Hongkong God for
compensation
on
The grounds (a)
para so report
15-875/05
that the 1883 desd had been duly registered
by the Chinese magistrate of the Sun On District (b) that petitioners won innocent
purchasers for value,
приши
For
ообщайся
5803/0
Lake!
in the of Yut!
is just
the New
of
EA
A
298
In the present petition to the Soys,
they also lay
(8)
Some
wright
on
the
allegation that by
In Lockhart
letter of Feb 1902 the Government by implication promised to grant
intle
as
to (a) the Govt has the Evidence the Chinese magistrate that the Beed the registration deal upon it
are
forgeries; the "Seed and also is missing
The tax receiple, white showing that taxes
Arhalf of Yut Ying, do
W
райб
даж
not
according to the Roo! view help the
petitioners, for the only evidence
connecting Yut Ying with { Law Tak Luk a (Lam Cheung Fucks Seed which the Court
من
the 1883
-
(+)
M
found tobe forged. monours As on toad the receipts
for froking taxes other is nothing
show that they
question
for the and
a72
(2) it has been found that
the fishing rights belonged to
who
say
the
QUEque
the
are a
nally
Zam Clan of Sun On
that Yut Ying
that the claimanto
power
to vell
never existes never had
the
the fishing rights of
a
the clan. (The Goo has accordingly pais $1,400 to the Lam clan compensation for all the froking rights claimed by the clan in
Kowloon City Bay
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