304
Colony and entailing great hardship on the original settors in the island of Hongkong. After the remarks which have Just. Dokil made by すっ込む Hon. Colonial Decretary, which were, no doubt, made as answerS LO the arguments advanced by the Chinese who addressed a letter to me,
10 my capacity ยะ Cha.rman oi the
Chinese Chamber of Commerce more than a month ago, I would like to say such arguments due still unknown to some of
وما لدية
wish your pacalency's permission, i wou-u like to guve in full what the Chinese Balu 10 their letter to me.
1 wil begin with paragraph 4, which
saya:-
As stated in the 'Objects and Reasons of the Bill, the on.y` part tua is practically new is c.ause 8 (c) Which uns at the exclusion of expectancies or probaounties' from ad Claus ior compensation in land-re- sumptions. Paragraph 1 of the Objects
more
and nasols is not clear as to whether the bil is intended to apply to lands held under certain tenures. For in Beauce, it is not clear from the word- ing of either the Bill or the examp.e given in the Objects, whether building Janas he.d under 75-year and 21-year leases which do not contain a renewal clause, would come within the scope of the proposed Bili. We cannot believe that it is the intention of the Govern. ment to bring this class of lands ander the proposed law; but if it is, we sub- mit that compensation should be paid in all such cases in respect of the prob abilities or expectancy that the leases would be renewed.'
H.E. THE GOVERNOR: It will be rather dimcult to follow the discussion if the poiut is left too long. What I would
like to know is whether it is seriously suggested by the persons who wrote that letter that சு Lease terminating at a deunite uate entitles the holder of the lease to expect a renewal and that he is entitled to compensation?
The Hon. Mr. LAU CHU PAK: Under the condition on which the land was let to them I think that they are entitled to a renewal.
The Hon. Mr. POLLOCK: Is that more than "
expectancy "1
The Hon. Mr. LAU CHU PAR: In almost every case in the Colony the land was bought on expectancy. You cannot get over that fact.
The Hon. Mr. POLLOCK: Supposing a man has a lease for 75 years and there is an agreement that such lease should be renewed on certain terms-then there is an agreement and not mere expectancy.
H.E. THE GOVERNOR said he was sorry he interrupted the hon. member (Mr. Lau Chu Pak) and signified to him to continue.
The Hon. Mr. LAU CHU PAK: Another point, which is very important, is that there are families who held lands before the island came under the British flag, and in the proclamation issued by Capt. Eliot at the time of the cession of the island it was said that the Chinese would be secured in the enjoyment of their lawful private property and interests. Under the law of China these men are still entitled to hold their lands in per- petuity. When resumptions are made it
18
on y reasonable that compensation should be paid to them with that in view. Under the Bill now before us there will be no
compensation paid because the Government have taken from them their rights in the land and given them eases in exchange. The natives of the New Territories are practically in this posi- tion. I do not think it is fair, sir, and it is my duty. I think. to let my colleagues on the Council know of the objections which were communicated to me by cer- tain Chinese in a letter dated the 20th December.
THE HONGKONG WEEKLY PRESS &
"
it
[March 25th, 1921.
on
or
Paragraph of the letter says:
If a lease contained no expectation or Then there are lands held by natives promise of renewal I would not dream of the soil under short leases or per of allowing any expectancy of leniency mits, or, in some few cases, we are of the Government to be taken into informed, under no leases or permits account in the compensation. This is a at ail, although the owners and their plain business transaction, and it must tore-fathers have been occupants thereof sand on that basis. Another point, as from time immemorial-long before the far as I can understand the suggestion Colony came under the British flag. of the letter is, that it shall be open to has been represented to us that a large any land speculator to purchase any number of these poor people hold no agricultural land for more than its leases, but year.y permits, from the market value because he has reason to Government, while some have not even believe-may have been informed obta ned permits for putting up build learnt from private sources, or had heard ings on their land, through their ignor- rumours or guesses-that the land was ance of british law. It has been argued intended to be resumed in the future, that, no matter what the form of docu- and to expect to be lavishly compensated ment the people hold from the Govern- by the Government if the land is resumed. ment, they have a right to the perman- ent occupancy of the lands handed
I can imagine nothing more ca'oulated down to them by their forefathers, and
to delay the development of ths Colony that such right should be respected in
than a system by which people, obtaining or guessing where face of the Proclamation issued by private information Captain Elliot at the time of the development is taking place should pur- cession of the island to Great Britain, chase that land in the expectation of which contained these words:-
the They being handsome y. compensated (the Chinese) are further secured in the resumption of the land by the Govern- enjoyment of their lawful private pro-
ment. If anybody is to get a price above perty and interests. According to the the market value I wou'd prefer that it land laws of China, all titles to land, should be the original holder. With re- whether building or agricultural, are
gard to annual terms, if there is any practically perpetual; and this being resonable expectation-I am sure you will the case, it would seem that the present agres with me that it has been the prao- ho ders, so long as they can prove their tice of this Government to take very long title, should be secured in the enjoy views-we should deal equitably with the ment of their property, and compensa- casa. We have actually granted com- tion should be paid to them for any pensation for bui'dings in some resumption according to the prevail where no compensation was really due ing market va ue, irrespective of the In order that there might be no feeling question of expectancy or probability of hardship. 1 think the Government We believe that it is not this class of people that Bill is designed to aim at, in
may be relied on to deal with all cases but rather those who speculate in land." In this the writers have my sympathy. Paragraph 6 says:-"The fear ex- pressed by the Government in para- graph 2 of the Objects and Reasons that inflated prices paid for land on mere expectancy might have the effect of checking development of the distriot concerned, is not shared by those who have had intimate knowledge of land development in the Colony. What is required to stimulate a healthy develop ment in that direction is greater expedi. tion in dealing with applications for land, and the payment of fair com- pensations for all lands resumed for public purposes."
was
The writers of the letter added: -- "While on this question of resumption, we desire to bring to the notice of the Government certain representations made to us to the effect that the Govern; ment has often compulsorily resumed large portions of private-owned land when only a much smaller area actually required for public purposes, and resold the excess at a profit.' I hope that the Government may their way in the future not to resume more land than is absolutely necessary for public purposes. I agree with the write of the letter that the operation of this Bill, if passed, will seriously affect land development in the Co'ony and I submit that the Government should take these views into consideration
see
The Hon. Mr. CHOW SHOU SON: I fully concur in the opinions expressed by my senior colleague.
H.E. THE GOVERNOR: With regard to the questions of Chinese tenancy I wou'd prefer to say nothing at this stage, leaving it to members of the Counci! more familiar with it than I am; but I will not be a party to any suggestion that a lease for a fixed period of years contains any suggestion, expect arcy or hope of renewal un'ess it is stated in the lease. I am forced to take the view of the ordinary land'ord who grants his property for a particular period that when that period has passed the lease is dead, and it is for him to decide whether he will renew it at all.
cases
a reasonable and equitable spirit. 1 number of original holders without think it is improbable that there are any
definite title to their land. I understand
a
in a
With
that the matter was dealt with by the
quarters Board, and I am not position to deal with it myself. regad to what the hon. member said about Chinese law, if it is a fair state- remarkable, but I think if we came to went of Chinese law it sounds rather
apply the principles of Chinese law with regard to land tenure we ought certainly to appy them also to the compensation to be paid, and if the hon. member will inquire into the compensation paid at Canton when the new streets were made he will possib'y have one of the surprises of his life.
The second reading of the Bill was then moved that the Council go into Committee passed, and the COLONIAL SECRETARY
to consider the Bill clause by clause.
The COLONIAL TREASURER seconded, and the motion was agreed to.
The Bil passed through Committee without amendment and on the Council resuming, the Bill was taken through the third reading stage and passed into law.
A WAR INDEMNITY ORDINANCE.
H.E. THE GOVERNOR intimated that it was not proposed to take at this meeting. the second reading of the Bill intituled An Ordinance to restrict the taking of legal proceedings in respect of certain acts and matters done during the war and to provide in certain cases remedies in substitution therefor.
THE RENTS RESTRICTION
ORDINANCE.
PROPOSED EXTENSION OF TIME LIMIT. H.E. THE GOVERNOR: Honourable mem- bers will remember that about this time last year, after much hesitation and re- uctance, I was compelled to introduce a Bill restricting rents, and I expressed at the time the hope that it wou'd not be necessary to retain that Bill in operation more than one year. At the time the Bill was passed certain fears were expressed as to the effect it might have on build-
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