846
THE HONGKONG GOVERNMENT GAZETTE, 29TH SEPTEMBER, 1894.
Resumption of land described in first scliccule.
Closing of streets, c.
Memorials of resumption 10
be registered w the Land Office.
·Compensarten fer resulap tion.
No it for compensation, but codipen sation to be determined by a Board of Arbitrators.
Constitution of Board.
3. (1) The lots of land in the first schedule hereto an- nexed more fully set forth and described now held under lease from the Crown are hereby resumed to and revested in the Crown as from the 1st day of June, 1894, and the rights of the Crown Lessees thereof, their executors, admi- nistrators or assigns, and of all other persons claiming any right or interest in, to, or over the said lots of land or any of them or any portion thereof are hereby declared to have absolutely ceased and determined as from the said 1st day of June, 1894.
(2) The public roads and streets in the second schedule hereunto mentioned and described are hereby declared to have been closed from the said 1st day of June to public traffic to the extent in the said second schedule set forth, and all rights of way and other easements, if any, therein or thereover are hereby declared to have absolutely ceased and determined as from such date.
4. The Land Officer shall, immediately on the coming into operation of this Ordinance, register in the Land Office of the Colony against each lot or portion, section, or sub- section of any lot hereby resumed a memorial of such resumption in the form in the third schedule hereto.
5. (1) Subject as hereinafter mentioned full and fair compensation shall be paid to the owners of the said lots of land and to all persons having any right or interest therein or in any part thereof in respect of which they could have maintained a suit for damages in any Court, if their right or interest had been summarily determined or interfered with as from the 1st day of June, 1894, by the unauthorized act of any person whomsoever, provided always that no tenant at will or monthly or weekly tenant shall be deemed to have any right or interest entitling him to maintain any such suit or to claim compensation.
(2) No suit or action shall be brought or maintained against the Crown or against any person for compensation or for any loss or damage resulting to any person from the re- sumption of the said lots of land or any of them, or from the closing of such roads and streets under this Ordinance, but all claims for such compensation or for any such loss or damage shall be brought before and shall be determined by a Board of Arbitration which shall consist of three persons and which shall be constituted immediately after the coming into operation of this Ordinance in manner following, that is to say :--
(1) One member shall be appointed by the Governor, and he shall be the Chairman of the Board; one member shall be elected by the unofficial members of the Legislative Council; and one member shall be elected by the owners of the lands mentioned in the first schedule hereto, or their attorneys or agents.
(ii) No member of the Board shall have or hold any interest whatever in the lands resumed by this Ordinance.
(iii) (a) The unofficial members shall on notice in writing from the Colonial Secretary sent to each member meet and nominate within seven days from the receipt of such notice such person to be a member of the Board as they may think fit and shall forthwith give notice thereof in writing to the Colonial Secretary.
(b) Such meeting shall be convened and presided over by the Senior Unofficial Member and at such meeting three shall form a quorum and the votes of the majority of the nu- official members then present shall prevail and if the votes be equal the senior un- official member shall have an additional casting vote.
(iv) (a) Within 7 days from the coming into operation of this Ordinance the Deputy Land Officer shall cause to be published in the Gazett- and in one English and one Chinese newsr paper a notice convening a meeting of the said owners of the lands mentioned in the said first schedule for the purpose of electing a member of the said Board, and such meeting shall be held not later than
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