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REPORT FROM THE LAND COMMISSION OF 1886-87.
"EXTRACT FROM INSTRUCTIONS OF 27TH MAY, 1842.
"As the existing prohibition against further grants of land is to continue in full force pending the receipt of commands from Her Majesty's Government, it will not even be necessary for you to bring any applications on that subject to the notice of the Deputy Superintendent who will be charged with the Civil Government of the Island during the absence of His Excellency Sir HENRY POTTINGER, Bart.
"You are to take the utmost care to prevent any encroachments on the unappropriated lands in any part of this Island or on the roads, whether completed, or now in progress, and should anything of the kind come to your knowledge, you will, whatever be the plea or pretence assigned, instantly stop the work and report the circumstance to the Deputy Superintendent.
"Ground will probably, however, be required for the erection of Barracks, and other Military Buildings on different parts of the Island, and regarding it you will receive directions from the Deputy Superintendent.
"You will register in your office all sales and transfers of land, in conformity with the Notifica- tion issue by the Land Officer on the 2nd, and published in the Friend of China and Hongkong Gazette of the 5th instant."
(Signed), J. ROBT. MORRISON,
Acting Secretary and Treasurer.
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GRANTS OF LAND UNDER THE CHARTER OF THE COLONY AND HER MAJESTY'S INSTRUCTIONS.
The Island of Hongkong, and its Dependencies, were erected into the "Colony of Hongkong by Royal Charter bearing date the 5th April, 1843, (or nearly two years after the first Land Sale), and full power and authority is thereby given to the Governor of the Colony for the time being, in the name of Her Majesty and on Her behalf, (but subject nevertheless to such provisions as might be in that respect contained in any Instructions which might from time to time be addressed to him by Her said Majesty) to make and execute, in the name and on the behalf of Her said Majesty, under the Public Seal of the said Colony grants of land to Her said Majesty belonging within the said Colony to private persons for their own use and benefit, or to any persons, bodies politic or corporate, in trust for the public uses of Her said Majesty's Subjects there resident or any of them.
Her Majesty's Instructions also dated the 5th April, 1843, directed to Sir HENRY POTTINGER prescribe with reference to the disposal of further Crown Lands, and the reservation of lands for roads, &c. as follows :-
"And it is Our further Will and pleasure that no such lands shall be sold or let except at public auction; and that at every such auction, the lands to be then sold or let, be put up at a reserved, or minimum price equal to the fair reasonable price and value or annual rent thereof.”
"And it is Our pleasure, and We do further direct you to ascertain what particular lands it may be proper to reserve in the said Colony for public roads and other internal communication whether by land or by water, or as the sites of Towns, Villages, Churches, School-houses or Parsonage-houses, or as places for the interment of the dead, or as places for the future extension of any existing Towns or Villages, or as places fit to be set apart for the recreation and amusement of the inhabitants of any Town or Village, or for promoting the health of such inhabitants or as the sites of quays or landing places, which it may at any future time be expedient to erect, form, or establish on the sea coast, or which it may be desirable to reserve for any other purposes of public convenience, utility, health or enjoyment, and you are to cause such tracts, pieces or parcels of land as may appear best adapted to answer and promote the several public purposes before mentioned, to be distinguished on the public charts of the said Colony, or in some other authentic manner. And it is Our Will and pleasure and We do strictly enjoin and require you that you do not on any account, or on any pretence what- soever, grant, convey or demise to any person or persons, any of the lands so specified, as fit to be reserved as aforesaid, nor permit or suffer any such lands to be occupied by any private person for any private purposes.'
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On the 10th April, 1843, the progress of further buildings was ordered to be stopped until final arrangements with reference to the land already sold had been concluded and the Land Officer, (who had then been again appointed), was authorized to take summary measures to prevent encroachments, a Government Notification of that date being issued as follows:-
GOVERNMENT NOTIFICATION OF 10TH APRIL, 1843.
"In consequence of instructions recently received from Her Majesty's Government, and until defined regulations can be framed and promulgated grounded upon those instructions, His Excellency Sir HENRY POTTINGER, Bart., K.C.B., &c.. &c., is pleased to notify as follows:-
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