CO129-489 - Governor Sir Stubbs & Sir Clementi - 1925 [8-12] — Page 24

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telephoneand telegraph wires and using, repairing and maintaining the same, paying to the customary landholder such compensation for any damage occa- sioned thereby as might be assessed by the Regis-

trar. Should the landholder be dissatisfied with

such compensation he might appeal to the Supreme

Court in the manner provided in Section 20 of the

Ordinance.

(D) to the payment to any persons of such rent charge

if any as the Land Court should have decided to be

payable out of such customary land;

(E) to the right of the Crown to take possession of

such land upon paying to the customary landholder

full and fair compensation; such compensation to be

fixed by the Registrar; should the landholder be dissatisfied with such compensation he might appeal

to the Supreme Court in the manner provided in Sec-

tion 20 of the Ordinance.

(F) to the enjoyment by any persons of all rights of

way or other sasements or profits to which the Land

Court might have decided the land to be subject.

A customary landholder was defined as any claimant whose claim had been allowed by the Land Court,constituted in

1900, for the purpose of investigating titles to land. All

present holders derive their titles through such claim- ants. The Government of Hongkong therefore are precluded

from alleging that the interest of a landholder in the

New Territories was,at the date of the said Ordinance,

less than the interest described by the Ordinance; and it

is noticeable that there is nothing in Section 4 of the

Ordinance to prevent the landholder from using his land

for building purposes.

The