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10. These minor amendments may be summarised as follows:
A. It should be made clear that nothing in any Bill which may
become law should preclude a claimant for compensation, whose claim
is referred to a judge, from amending in any way, whether by way of
addition, elimination, or alteration, the particulars of his claim
as originally presented to the Government.
B. In as much as the determination of any claim by a judge may
involve important questions of law, either regarding the rights of
marine lot-holders or otherwise, provision should be made for a
right of appeal to the full Court and the Privy Council where any
question of law is involved.
C.
Provision should be made for an extension of the time within
which a claim must be sent in or a reference to the judge made
since negotiations regarding such a claim may not be concluded with-
in the time prescribed and it is not desirable that any negotia-
tions should be prematurely terminated before the impossibility of
reaching an agreement is clear.
D.
It should be made clear in clause 6 of the Bill that the
rights of a claimant will only be extinguished as from the date of
the definite approval of the Works and that any right to compensa-
tion possessed by a claimant prior to that period should not be
prejudiced or affected in any way by any provisions of the Bill.
E.
In clause 8 subsection 1 the words "or undertaking" should be
inserted after the words "any property".
F. In clause 8 subsection 3 the word "acceptable" should be
eliminated and the words "which is accepted by the claimant" should
be inserted after the words "settlement or compromise".
G. The following proviso should be inserted at the end of sub-
section 3 of clause 8 "provided that where the compensation claim
is in excess of $1,000 the claim shall be referred to the Chief
Justice of Hongkong" (the object of this amendment is to ensure
that claims of a substantial amount shall not be decided by the
No comments yet.
Private notes are available after approval.