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No. 10 of 1900.
Power of resumption
of land for public
purpose.
E
CROWN LANDS RESUMPTION,
(d) "Resumption for a public purpose" includes—
(i) resumption of insanitary property for the purpose of securing the erection of improved dwellings or buildings thereon or the sanitary improvement of such property; and
(ii) resumption of any land upon which any building is erected which, by reason of its proximity to or contact with any other buildings, seriously interferes with ventilation or otherwise makes or conduces to make such other buildings to be in a condition unfit for human habitation or dangerous or injurious to health; and
(iii) resumption for any purpose connected with the naval or military forces of the Crown, including the volunteer force in this Colony; and
(iv) resumption for any purpose of whatsoever description whether ejusdem generis with any of the above purposes or not, which the Governor in Council may decide to be a public purpose.
3.-(1) Whenever the Governor in Council decides that the resumption of any land is required for a public purpose, it shall be lawful for the Governor to enter into private negotiations with the owner of such land, or any other person having any proprietary interest therein, for the purchase of such land and all the right, title, and interest therein, and, in the case of the failure (in the opinion of the Governor) of such negotiations, or in case it is not known who the owner is, or in case the owner is absent from the Colony or cannot be found, to give notice that such land will be resumed on the expiration of four months from the publication thereof and that such compensation will be paid as may be awarded in the manner hereinafter provided.
(2) Such notice shall be published in the Gazette in English and Chinese, and copies thereof shall be affixed upon a conspicuous part of the land to be resumed, and such publication shall be deemed to be sufficient notice to the owner and to every person interested in the land or having any right or easement therein.
* As amended by No. 14 of 1921 and Law Rev, Ord., 1924.
CROWN LANDS RESUMPTION.
No. 10 of 1900.
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(3) On the expiration of four months as aforesaid, the land shall revert to the Crown and all rights of the owner, his assigns or representatives or of any other person in or over the land or any part thereof shall absolutely cease.
(4) If
any owner or co-owner of land which is to be resumed is absent from the Colony or cannot be found, proceedings under this Ordinance may be taken in all respects as if such person were non-existent.
for deter-
4. After the expiration of four months as aforesaid, a Constitution Board shall be appointed to determine the amount of of Board compensation to be paid in respect of such resumption, which mination of shall in each case consist of three members and be constituted compensation in manner following:
(1) the chairman of the Board shall be such judge as the judges may mutually arrange;
(2) the two other members of the Board shall consist of one member to be nominated by the Governor and the other by the owner of the land resumed: Provided always that the member nominated by the Governor may be the Director of Public Works or any public officer; and
(3) notice in writing of the nomination by the Governor of a member of the Board shall be forthwith given to the owner by publication in the Gazette, and, if he does not nominate a member of the Board within seven days from the date of such publication, it shall be lawful for the chairman to nominate and appoint any person, other than a member of the Colonial Civil Service, on behalf of such owner.
for land
resumed.
*
5. Whenever the Governor in Council decides that the Resumption resumption of any land is required for a public purpose and of land
under value
*
in the opinion of the Governor the value of such land does of 8500. not exceed the sum of five hundred dollars for any one lot or portion of a lot registered in the Land Office the Governor may authorise the resumption to be carried out in the manner following instead of in the manner prescribed by sections 3 and 4:-
* As amended by Law Rev. Ord., 1924.
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