CO129-494 - Governor Sir Clementi - 1926 [9-10] — Page 8

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treated them any better.

us therefore

On the material before

cannot but agree that the least we

can do is to allow a 10% addition for compulsory

expropriation and to give the customary owner the

difference between the value of the compensation

thus assessed and the value of the land as

drained and prepared by the Government after

deducting the cost of laying it out. And if all

this is less than the market value at the moment

of resumption, I confess I do not quite see the

defence for our action; and I agree that, if

we took the easy and obvious course of referring

to the Law Officers, they would be fairly sure to

rule against us.

On the other hand it is impossible to forget

that we are dealing more with land speculators

who bought in anticipation of selling to the

Government, than with peasants deprived of their

ancestral holdings. Further we are dealing with a

matter that has over a quarter of a century's

history and have not much material to go on.

Again the development of this area for residential

and business purposes is of vital importance to the

Colony and the consequences of a hasty decision

here may be to inflict irreparable damage on the

whole community. As the Governor points out in

paragraph 16 any alteration in present policy must

imply admission of error and involve re-opening

all past transactions.

The alternative to Mr.Ellis' proposals, which

after all might still be attacked as a breach

of the Convention, seems to be to take the

petitioners at their word and have a local

7

inquiry into the whole question with the hope

that we should get a report that would bring

out all the arguments on either side (Sir Cecil

Clementi can hardly be expected to do that

in present conditions) and would also so

balance strict equity with considerations of

public policy as to satisfy the Chinese community that they were being treated fairly. It is impossible to exaggerate the importance of doing that. The inquiry might perhaps be by a body of three, say a leading local lawyer

as Chairman, a Chinese member, and some one

from the Ministry of Health, who is used to the

The Governor issues raised by town planning.

might be told of our doubts and difficulties

and consulted about the alternatives that have

occurred to us. He is evidently less

intransigeant on the subject than Sir Edward

Stubbs was.

If this course were adopted, it would be only fair to give the petitioners an interim ashwer that the Secretary of State was in communication with the Governor and hoped to send them an answer before long. It would also

that

be prudent, if there were an inquiry, simultaneously with the first intimation of the intention, public notice should be given that, whatever the result of the inquiry, the Government reserve the right to regulate by legislation or otherwise, as it thought fit, the compensation to be paid for land required for public purposes if the title to the land had been acquired for money or valuable

inquiry

consideration