CO129-489 - Governor Sir Stubbs & Sir Clementi - 1925 [8-12] — Page 6

19

It is gratifying to read in paragraph 12 of the despatch of two cases in which persona displaced have been treated with generosity, but it is to be regretted that, notwithstanding, considerable un- easiness still exists as a result of the Government's attitude, particularly at the present time.

I think

that the issue of an explanation of the Goverment's policy, as suggested by the Governor, should be adopted as soon as possible.

the

I suggest that in reply to this despatch the Governor should be informed that Secretary of State

A

ls of the opinion that the memorialists have no legiti- mate grievance in the matter of their complaint that the terms of the Convention of 1898 have not been carried out, or that the rights possessed by landomera under Chinese law and custom have been curtailed as a result of the administration of the law defining conditions of land tenure in the New Territories;

but that the Secretary of State does not feel himself

in a position to express an opinion on the allegation that compensation awarded by the Arbitration Boards when land is resumed for public purposes is inadequate; and in view of the memorialists' statement that 5 cents per foot is the maximum amount of compensation ever awarded by the Boards for agricultural land, ask for details of the procedure adopted; remark on

- fevioso?

Tauge

the lines of Are and ask whether Governor is

satisfied that under present conditions no injustice would occur. Also express regret that a state of uneasiness should exist among proprietors in the New Territories, and ask him, if he has not already done so, to issue a full and frank statement explaining

Finally to tell the the Government's policy.

memorialists that their memorial is under considera-

tion by the Secretary of State.

( I regret the delay in dealing with this. It

had to be fut aside in

of more urgent

From a

is in

my

favour of

work. I

CL

great doal

Sameng 5

16/10/25

/TB

HB

2

legal point of view the Gord's position opinion impregnable. But the memorial & the despated raise two important

practice in St

purestons

+-

"Lands

(1) Is the post! Sisters of appropriating

& awarding compensation Reefor quitable

A

itself? x (2) to the systion consistent with the

on

undertaking faoin Convention of 1890?

behalf the frown in the

There wo be an advantage

independent too intimately

in refering these two questions to an Comm". The foot' ; intersato one

Connected with the suging to allow of ato decision ting regarded with the confidence in

its impartiality wh: is desirable

AL.

26 Oct.

The main allegation made by the petitioners

is that the effect of the legislation to which they refer, and the policy adopted thereunder, amounts, in itself to expropriation in breach of the Convention

Now that is a very big question, which

depends

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