CO129-494 - Governor Sir Clementi - 1926 [9-10] — Page 18

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

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in your views in tɛe matter of compensation to be paid

for land resumed for public purposAB. 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 is confirmed by the proclamation of

the 9th April 1899, in which Sir H.Blake said

"Should any land be required for public purposes,

it will be paid for at its full value." 16

4. Again, I am impressed by the argment in

paragraph 8 of the petition, which is, shortly, that

the Government of Hongkong after having investigated the

position of land-holders in the Hew Territories under

the Convention, passed in 1902 an Ordinance (the New

Territories Titles Ordinance) giving the customary

landowner a permanent, heritable and transferable right

of use in his land, subject to certain resorvations, 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.

6. It may be that the Government was mistaken in

promising permanent titled in leased territory. However, in 1910, the Government gave to the landowers Ürown

leases, with a reservation against building on agricultural lands. The petitioners contend that this

had been understood to mean that a landholder who

desired to build on his land would merely have to obtain a licence and pay a higher rate or tax tut that the

Crown

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