658864-1889-Ordinance-23-assented-to — Page 1

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THE HONGKONG GOVERNMENT GAZETTE, 29TH JUNE, 1889.

GOVERNMENT NOTIFICATION.-No. 292.

533

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His Excellency the Governor has given his assent, in the name and on behalf of the Queen, to the following Ordinance passed by the Legislative Council:-

Ordinance No. 23 of 1889.--An Ordinance enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, to enable the Governor to resume Crown Lands under lease and to give compensation therefor and for other cognate purposes.

By Command,

Colonial Secretary's Office, Hongkong, 24th June, 1889.

No. 23 of 1889.

An Ordinance enacted by the Governor of Hong- kong, with the advice and consent of the Legis- lative Council thereof, to enable the Governor to resume Crown Lands under lease and to give compensation therefor and for other cognate purposes.

LS G. WILLIAM DES VEUX.

W

[24th June, 1889.]

FREDERICK STEWART, Colonial Secretary.

HEREAS the dwelling houses on certain portions of lund under lease from the Crown especially in the City of Victoria are of insanitary construction as regards conditions of air and light and it is expedient that the Governor should he empowered to acquire or resume such lands and buildings compulsorily with a view to the erection of improved houses or dwellings thereon and doubts have arisen whether the resumption of such lands for the purposes aforesaid and for other purposes beneficial to the public of the Colony is within the meaning and intent of the powers of resumption for a public purpose contained in the Crown leases of such lands and it is expedient to remove such doubts and whereas it is expedient that the duty of determining the value of lands resumed for a public purpose and of fixing the com- pensation to be awarded in respect thereof under Crown leases should be transferred from the Surveyor General to a Board of Arbitrators to be approved for the purpose: Be it enacted by the Governor of Hongkong, with the advice and cousent of the Legislative Council thereof, as follows:-- 1. This Ordinance may be cited for all purposes as The Crown Lands Resumption Ordinance, 1889.

2. In this Ordinance unless inconsistant with or repug- nant to the context.

The word Board shall mean any Board of Arbitrators appointed from time to time under this Ordinance.

The word Land shall mean any Crown land under lease from the Crown or any part or section thereof.

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 four 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.

Title.

Preamble.

Short title.

Interpreta- tion.

Power of resumption.

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