306
12.
The said letter implies that the Government intended to issue a formal Certificate of Title
to the Claimants, but that the issue of such Certificate was delayed until the amount of tax payable on the land was determined, and that on the amount of such tax being determined, a formal Certificate of
Title would be issued.
13.
On the 3rd.September 1902 by an Assignment made between the said Claimants Lan Tak Luk and Lam Chung Juk (thereinafter called "the Vendors") of the one part and the said Tin Pat Hing and one Lau Sang () (thereinafter called "the Purchasers") of the other part In consideration of the Bum of Nine thousand Dollars paid by the Purchasers to the Vendors The Vendors assigned unto the Pur-
chasers All that lot of sea beach situate at Kowloon City containing in the whole 40.59 acres being
the lot of land in question.
14.
In the month of December 1902 the said Tong Van Chiu and Ku Fal Shan were desirous of carry-
ing out the said Agreement, dated the 4th day of January 1901, mentioned in paragraph 1 hereof, and al- though no intimation had been received by them to the effect that the amount of tax referred to in the said letter of the 4th.February 1902 from the Colonial Secretary had yet been determined, the said Tong Wan Chiu and Ku Fail Shan were advised by their Solicitors that the settlement of the amount of tax was
a mere formality and that the said letter of the Colonial Secretary was a sufficient recognition by the Government of the said Claimants' title to and ownership of the said land. The said Tong Wan Chiu
and Ku Fai Shan were also aware that, under the Provisions of the said Ordinance above quoted, even if no title was granted by the Government, the Claimants had the right to compensation vested in them by
the decision of the Land Court.
15.
They therefore determined to complete the said purchase and by an Assignment dated the 29th
day of December 1902 made between the said Tin Pat Hing and Lau Sang of the one part and the said Tong Wan Chiu and Ku Fai Shan of the other part (the said Cheung Ching Shan above mentioned having agreed that the Assignment should be made to the said Tong Wan Chiu and Ku Fai Shan only) In consideration of the sum of $25,000 to the said Tin Pat Hing and Lau Sang paid by Tong Wan Chiu and Ku Fai Shan the said Tin Pat Hing and Lau Sang assigned unto Tong Wan Chiu and Ku Fai Shan All their right title and inte-
rest in and to the said land in question.
16.
The said consideration money of $25,000 was duly paid by Tong Wan Chiu and Ku Fai Shan to
the said Tin Pat Hing and Lau Sang in cash without any deduction being made therefrom, and your Peti-
tioners hold the receipt of the said Tin Fat Hing and Lau Sang therefor.
17.
At this point your Petitioners would submit that they were perfectly justified in acting as
they did in completing the purchase and paying over the said sum of $25,000 purchase money on the 29th day of December 1902, relying upon the Judgment of the Land Court delivered on the 4th day of December
1901. More than a year had elapsed since the said Judgment was delivered, and according to the law as it then stood,(Ordinance No.18 of 1900 Section 16), the time for appealing from the said Judgment was limited to 14 days, which had long expired, therefore the Judgment stood indefeasible. The Government had given no intimation whatever that they disagreed with or were intending to dispute the said Judg-
ment and on the contrary had written the letter above quoted dated the 4th day of February 1902 in
which they implied that they were intending to act upon the said Judgment by granting a Certificate of
Title,as soon as the amount of tax had been settled. In any case whether the Government granted a title or not, the said Tong Wan Chiu and Ku Pai Shan as the Assignees of the rights of the Claimants would
have been entitled under the provisions of the said Ordinance to compensation as above mentioned.
18.
On the 4th day of March 1903 the following letter was received from the Registrar of the
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