(sd.) H.E.Pollock.
(sd.) K.H.Gompertz.
303
5.
4th December, 1901.
Claimants:- Lam Tak Luk.
Lam Cheung Fuk.
It will be observed that by the said Judgment the Court found that the Claimants Lam Tak Luk and Lam Cheung Fuk were entitled to an area of 40.59 acres upon the site in question.
6.
At this point your Petitioners would beg to refer Your Lordship to Sections 13, 14, 15 and 16 of the New Territories Land Court Ordinance of Hongkong No.18 of 1900 which are as follows:-
7.
#13.
The Court may allow or disallow any claim in relation to land or allow the same as to part thereof, or for such period or at such rent and on such other conditions as may appear to the Court to be equitable and just.
#14.
In cases where the Court allows the claim or part of the claim its allowance shall be reported by the Registrar to the Governor in due course in order that a title appropriate to the case may be granted. If, however, in any particular instance, the Governor deems it inexpedient, having regard to the public interests of the Colony, that such title should be granted the matter shall be referred back to the Court to decide what compensation shall be paid to the Claimant or Claimants, and the amount awarded by the Court shall be paid by the Government to such person or persons as the Court may direct. The decision of the Court as to the amount of compensation shall be final.
#15.
All land in the New Territories is hereby declared to be the property of the Crown, during the term specified in the Convention of the 9th day of June 1898, hereinbefore referred to, and all persons in occupation of any such land, after such date as may be fixed by the Governor by Notification in the Gazette, either generally or in respect to any specified place, Village, or District, shall be deemed trespassers as against the Crown, unless such occupation is authorised by grant from the Crown or by other title allowed by the Court under this Ordinance or by the Licence from the Governor or from some Government officer having authority to grant such Licence, or unless a claim to be entitled to such occupation has been duly presented to the Court and has not been withdrawn or heard and disallowed.
#16.
In case any claimant shall be dissatisfied with the decision of the Court and the Court shall certify that the value of the claim is over five thousand Dollars he may, within 14 days from the date of such decision, apply to the Chief Justice of the Supreme Court for leave to appeal to the Full Court, and the Chief Justice may grant such leave on such terms as to notice, costs, and other matters as he may in his discretion think fit. If leave to appeal is granted, such Appeal shall be heard by the Full Court. The procedure to be followed on Appeals and the hearing thereof shall be as nearly as may be, the same as is from time to time laid down by law in the case of Appeals from the Puisne Judge to the Full Court. No writ of Certiorari shall lie with regard to the proceedings of the Court.
Your Petitioners would point out here that the Land Court in allowing the Claim of Lam Tak Luk and Lam Cheung Fuk to the said piece of land were acting strictly within their powers conferred by Section 13 above quoted and that under Section 14 the matter then stood as follows, so far as the rights of the Hongkong Government were concerned, that is to say:-
-2-
1.
(sd.) H.E.Pollock.
(sd.) K.H.Gompertz.
303
5.
4th.December, 1901.
Claimants:- Lam Tak Luk.
Lam Cheung Fuk.
It will be observed that by the said Judgment the Court found that the Claimants Lam Tak Luk
and Lam Cheung Fuk were entitled to an area of 40,59 acres upon the site in question.
6.
At this point your Petitioners would beg to refer Your Lordship to Sections 13,14,15 and 16
of the New Territories Land Court Ordinance of Hongkong No.18 or 1900 which are as follows:-
7.
#13.
The Court may allow or disallow any claim in relation to land or allow the same as
"to part thereof, or for such period or at such rent and on such other conditions as may ap-
"pear to the Court to be equitable and just.
#14.
In cases where the Court allows the claim or part of the claim its allowance shall
"be reported by the Registrar to the Governor in due course in order that a title appropriate "to the case may be granted. If, however, in any particular instance, the Governor deems it in- "expedient, having regard to the public interests of the Colony, that such title should be "granted the matter shall be referred back to the Court to decide what compensation shall be "paid to the Claimant or Claimants, and the amount awarded by the Court shall be paid by the "Government to such person or persons as the Court may direct. The decision of the Court as
"to the amount of compensation shall be final.
"15.
All land in the New Territories is hereby declared to be the property of the Crown,
"during the term specified in the Convention of the 9th.day of June 1898, hereinbefore refer-
"red to, and all persons in occupation of any such land, after such date as may be fixed by "the Governor by Notification in the Gazette,sither generally or in respect to any specified
"place,Village, or District, shall be deemed trespassers as against the Crown, unless such oc-
"cupation is authorised by grant from the Crown or by other title allowed by the Court under
"this Ordinance or by the Licence from the Governor or from some Government officer having
"authority to grant such Licence, or unless a claim to be entitled to such occupation has been
"duly presented to the Court and has not been withdrawn or heard and disallowed.
"16.
In case any claimant shall be dissatisfied with the decision of the Court and the
"Court shall certify that the value of the claim is over five thousand Dollars he may, within
"14 days from the date of such decision, apply to the Chief Justice of the Supreme Court for
"leave to appeal to the Full Court, and the Chief Justice may grant such leave on such terms "as to notice, costs, and other matters as he may in his discretion think fit. If leave to ap- "peal is granted, such Appeal shall be heard by the Full Court. The procedure to be followed "on Appeals and the hearing thereof shall be as nearly as may be, the same as is from time to
"time laid down by law in the case of Appeals from the Pulsne Judge to the Full Court. No
"writ of Certiorari shall lie with regard to the proceedings of the Court."
Your Petitioners would point out here that the Land Court in allowing the Claim of Lan Tak
Luk and Lam Cheung Fuk to the said piece of land were acting strictly within their powers conferred by
Section 13 above quoted and that under Section 14 the matter then stood as follows,so far as the righte
of the Hongkong Government were concerned, that is to say:-
-2-
1.
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