CO129-521-1 Triangulation of Hong Kong report and progress 13-1-1930 - 6-11-1930 — Page 19

PROOF.

C. 72723/30 [No. 17].

No.

Raked chorus the 25 th April 20

REPORT UPON THE SURVEY DEPARTMENT OF HONG KONG. BY BRIGADIER H. ST. J. WINTERBOTHAM, C.M.G., D.S.O.

1. Functions of a Survey Department.—The main functions of a Survey Depart- ment have been summarized as follows:-

(a) To provide evidence which will completely and permanently identify the

land conveyed by any title issued by the Government;

(b) To compile records of alienation necessary for intelligent land administra-

tion;

(c) To make reliable maps.

Land Tenure and alienation.-Before discussing how the Survey Department fulfils the duties outlined in the last paragraph it is necessary to define the accuracy with which land must be identified under the system of land tenure in force.

is

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It may be said that there is no freehold, and no registration of title. Crown leases are granted for varying periods, and alienation follows on English conveyancing practice modified by certain local enactments. The land registry is one of deeds only. In urban districts whether it be for a preliminary "equitable" title or, after the improvement and building clauses have been satisfied, for a Crown lease, a lot more particularly described and delineated by a plan. In the former case the plan may be made anyhow and by anybody so long as it has some resemblance to shape and surroundings. In the latter case the lot is marked and the plan is made by the Survey Department. The plan does not show co-ordinates or bearings, however, and can- not therefore identify the plot in any precise sense although it does show its surroundings. It is important to recognize that the surroundings might be wrongly surveyed or plotted. No legal significance is given by ordinance to the survey generally or to any particular map or plan. In the New Territories the same general procedure governs important developments whereas agricultural land is governed more particularly by the cadastral plans (32 or 16 inches to the mile--or roughly 1/2,000 and 1/4,000) made by a party from the Survey of India in the early years of this century. These agricultural lands are not marked except by bunds. The areas are taken out to a decimal of an acre only. In all cases, urban and rural land values (and taxation) are computed by area, but the main fact of assessment is, as a matter of fact, the situation and communications enjoyed by the plot. In urban districts trade and social factors affect the situation, in rural the soil and water. The survey is then for one factor of land valuation, as well as for identification and administration. From all these points of view, small plots in Victoria, Kowloon, and the surrounding towns and villages are important and the survey must be of such accuracy as to show details sensibly accurate in position at a workably large scale. The scale has been fixed at 50 feet to the inch (1/600). Without some such survey land administration would be exceedingly difficult. No error, or probable combination of errors, should then exceed the plotting limit of 0.01 of an inch at this scale (or 6 inches on the ground) in urban areas. An error twice as large will do no harm in country districts.

3. Remarks on the System of Land Tenure. For various reasons, which seem to me difficult to identify, the evils of English conveyancing and bad unmarked original surveys have found little expression here. In some colonies the result has been to elevate land litigation into a form of sport, in others a wide difference between occu- pation and legal boundary has involved the Government in frequent lawsuits. many the survey has had to be drastically remodelled. Most land authorities are agreed, therefore, upon the outstanding advantages of the Torrens system.

Here, however, there seems to be little trouble and infrequent recourse to law. Occupation does not always coincide with title plans, notably perhaps in the plots along Queen's Road, but so far no serious troubles have arisen. In towns, boundaries are now marked, and in Victoria especially it is not difficult to keep strictly to them. In the New Territories the bunds do seem to be coincident more or less with ownership (which is not the case for example in Ceylon) and the existing cadastrals, imperfect as they are, appear to meet the case.

For these reasons, and in view of the political circumstances, it is impossible to suggest any change and the duty of the survey may be left as defined at the close of the last paragraph.

Surveys.-Gp. 6. 39/2372. 24. 9/30. (7012) M. & S.

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