CO129-481 - Governor Sir Stubbs - 1923 [8-12] — Page 426

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Ordinance 1900. By sub-section (3) of the said section 3 it is provided:- "On the expiration of four months as aforesaid, "the land shall revert to the Crown and all rights of the "owner,his assigns er representatives or of any other person *in or over the land or any part thereof shall absolutely

6. In pursuance of the said notice the Governor on the 15th day of November 1922 purported to resume, and in fact entered upon the plaintiffs' said lands. The said resumption and entry was wrongful, and thereby the plaintiffs have been deprived of their said lands and have suffered damage. Com- pensation was awarded in the manner and on the basis provided by the Crown Land Resumption Ordinancee 1900 to 1922, and was offered to and refused by the plaintiffs.

7. By Instruction ko.XII passed under the Royal Sign

Mamual and Signet to the Governor of the said Colony and dated the 19th day of January 1888, the Governor of the said Colony is forbidden to assent in the name of the Sovereign to any Ordinance the provisions of which shall appear inconsistent with obligations imposed upon the Sovereign by Treaty.

8. By a Convention between Great Britain and China

signed at Peking on the 9th day of June 1898, China leased to

Great Britain certain territory for a term of 99 years, Such

territory is known as "the New Territori es" and includes within

its area the plaintiffs' said lands. The said Convention is

• "Treaty" within the meaning and spirit of the said Instruct-

ions.

1. By the said Convention it was agreed, inter alia,

that there should be no expropriation of lands within the

territory so leased and that "if land is required for public offices, fortifications, or the like official purposes, it

shall