323
Tak Luk, laid a claim to certain lands in the New Territories, and in the course of about a year, on 7th December 1901, the decision of the Land Court was given. The decision of the Land Court was in favour of the claim by these people and it was the duty of the Land Court if it allowed the claim under Section 14 to report that allowance by the Registrar to the Governor in order that the Governor in due course might order a title appropriate to the case to be granted, or else if he found it inexpedient to grant a title, to refer back to the Court to award compensation --- not to a number of assignees, but to the claimant or claimants.
The Crown was not represented at that hearing. And the Crown was in one sense the standing claimant to all the land there, because under section 1b of the Ordinance all the land was declared to be the property of the Crown except such property as persons shall have a claim to. It was discovered, or the Crown supposed they had discovered, that there had been some mistake in this decision of the Land Court owing, among other things, to the fact that one of the documents, a very important document, brought before the Land Court was alleged to be a forgery.
He was not saying for one second that this was the case; he had not the slightest means of knowing anything about it, but that was one of the reasons mentioned in the affidavit of Mr. Powley, the Crown Solicitor, filed on 24th August 1903. That affidavit contained the suggestion that one of the documents upon which the decision was obtained was a forgery.
The Attorney-General appeared before the Court on 25th August 1903 and was given leave to appeal, any doubt as to whether the Crown was bound by the meaning of the word "claimant" in the other Ordinance being set at rest by the fact that a special Ordinance had been passed (13 of 1903) which gave the Chief Justice...
7.
323
Tak Luk, laid a claim to certain lands in the New Terri-
tories, and in the course of about a year, on 7th December
1901, the decision of the Land Court was given. The deci-
sion of the Land Court was in favour of the clain by these
people and it was the duty of the Land Court if it allowed
the claim under Section 1x 14 to report that allowance
by the Registrar to the Governor in order that the Governor
in due course might order a title appropriate to the case
to be granted, or else if he found it inexpedient to grant
a title, to refer back to the Court to award compensation
---not to a number of assigness, but to the claimant or
claimants. The Crown was not represented at that hearing
And the Crown was in one sense the standing claimant to
all the land there, because under section 1b of the Ordin-
ance all the land was declared to be the property of the
Crown except such property as persons shall have a claim
to. Tell, it vas disc vered, or the Crown supposed they
had discovered, that there had boon some mistake in this
decision of the Land Curt oving in wong other things
to the fact that one of the documents, a very important
document, brought before the hand Court vas alleged to be
a forgery. He was not saying for one second that this wGC
the case; he had not the slightest means of knowing any-
thing about it, but that was one of the remno ented in
the affidavit of r.Powley, the Crown Solicitor, filed on
24th August 1903. That affidavit contained the suggustion
that one of the documents upon which the decision was ob-
tained was a forgery. The AttorneyGeneral appeared before
the Court on 25th August 1903 and was given leave to ap-
peal, any doubt as to whether the Crown was bound by the
meaning of the word "claimant" in the other Ordinance
being set at rest by the fact that a special Ordinance
had been passed (13 of 1903) which gave the Chief Justice.
7.
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