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THE HONGKONG GOVERNMENT GAZETTE, 18TH MAY, 1889.
Power of resumption.
Constitution of Board.
Notification of Constitution of Board.
No suit to lie but claims to be sent in writing to the Board.
Consideration of claims.
Powers of Board.
The word Owner shall mean the person whose name for the time being is registered in the Land Registry Office of the Colony in respect of any land sought to be resumed under the provisions of this. Ordinance or if such person be absent from the Colony or cannot be found or is bank- rupt or dead his agent or representative in the Colony or the person entitled for the time being to have his name registered in the said Office in respect of such land or his agent or representative in the Colony.
3. (i.) Whenever the Governor in Council shall decide that the resumption of any land is expedient in the interest of the Public it shall be lawful for the Governor to enter into private negociations with the owner of any 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 case of the failure of such negocia- tion to give written notice that such land will be resumed on the expiration of three months from the publication of such notice, and that thereupon such compensation in respect of such resumption will be paid as may be awarded in the manner hereinafter provided."
(ii) 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 notice to the owner and to every person interested in the land or having any right or easement therein.
(i.) On the expiration of three 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 coase.
4. After the expiration of three months as aforesaid a Board shall be appointed to determine the amount of com- pensation to be paid in respect of such resumption or taking and such Board shall in each case consist of three members and be constituted in manner following, viz.:-
(1.) The Chairman of the Board shall be such judge of the Supreme Court as the judges may from time to time 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 Surveyor General or any public officer.
(3.) Notice in writing.of the nomination by the Go- vernor of a member of the board shall be forth- with given to the owner by publication in the Gazette, and if he shall not nominate a member of the Board within seven days from the date of such publication it shall be lawful for the Chair- man to nominate and appoint 'any person except any person in the Colonial Service on behalf of such owner.
(4.) The Governor may also appoint some person to act.as clerk to the Board at such remuneration as he may think fit.
5. The constitution of such Board shall be notified in the Gazette and within fourteen days from such notification the Board shall commence its sittings at such time and place as the Chairman may in and by such notification or by any other notification in the Gazette appoint.
6. No suit or action shall lie either against the Crown or against any other person for any loss or damage resulting to any person from any resumption of auy land as aforesaid but any person claiming compensation whether as owner or otherwise by reason of such resumption shall before the commencement of the sittings of the Board transmit to the clerk of the Board if appointed or if no clerk be appointed to the Colonial Secretary for transmission to the Board a written claim stating the nature of his right or interest in the land and the amount which he seeks to recover.
7. Every claim shall be separately considered and adju- dicated upon unless the parties otherwise agree.
8. The Board when constituted shall have the following powers and authorities, viz.:—
(1.) To determine the compensation to be paid in respect of such resumption or in respect of the extinction of any right or easement caused by such resump- tion regard being had not only to the value of the
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