CO129-494 - Governor Sir Clementi - 1926 [9-10] — Page 14

intuputation, and

This

adduce,

I do not with to press

am prepared to risk such a chargey. to your froceeding on the saunation

and to agree that the Col. Govt. has power to

New Territorio

12

acquire land in the

(for any public

purpose on payment of a fair price.

Lowcarton

I regret that I am unable to concur

in your views in the matter of compensation

to be paid for land resumed for public

purposes. The Convention was drawn up

in English, and the term "fair price" can

only bear the interpretation that is

placed upon it in this country.

This

thi qape,

9

is confimed by the proclamation of/1899, in

which Sir H. Blake said

"Should any land be required for

public purposes, it will be paid for

at its full value".

4. Again, I am impressed by the

argument in para. 8 of the petition, which

is, shortly, that the Govt. of H.K. after having

investigated the position of land-holders in

the New Territories under the Convention,

Jemtona's

passed in 1902 an Ordinance (the New Titles

Ordce) giving the customary landowner a permanent,

heritable

pra

1910,

heritable and transferable right of use

in his land, subject to certain

reservations, one of which was the right

of the Crown to resume for public

purposes on payment of "full and fair

compensation", with an appeal to the

Supreme Court.

5. It would

müteken

that the Govt.

was at fault in promising permanent

titles in leased territory.

However,

the Govt. gave to the landowners Crown

leases, with a reservation against

building on agricultural lands. The

petitioners contend that this has been

understood to mean that a landholder

who desired to build on his land

munity Stam

would have to get a licence and pay

a higher rate or tax.

but that

The Crown

Lands Resumption Amendment Ordinance

which was passed in 1922 is considered the gust.

(as justifying the resumption of

agricultural land on payment of

compensation

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