Sessional_Paper_1886-1887 — Page 472

REPORT FROM LAND COMMISSION OF 1886-87.

XV

"1st. All persons holding land of any denomination on the Island of Hongkong, are hereby required to send in the fullest explanations as well as the proofs they possess of their claims to such land, to the Land Officer with the least possible delay.

"2nd. The Land Officer has been authorized and instructed to prevent the commencement of any further buildings upon, or clearing away of, locations, until final arrangements can be made

The Land Officer has also been authorised and instructed to take summary measures in concert with the Chief Magistrate, to put a stop to all buildings that may be in progress on locations of whatever denomination, where the explanation or proof submitted, may appear to him to be at variance with his present instructions and also in cases where the explanation and proofs now called for may be delayed beyond a reasonable time.

3rd. The Land Officer has further been authorised and instructed to summarily prevent the pro- gress of all buildings, on locations which may, in his opinion, encroach on the present, or any future line of roads or streets, and to oblige all persons to confine themselves to the exact dimensions of the Lots which were originally allotted to them.

"4th. It has been repeatedly intimated that the terms and tenure of holding all Lands on the Island of Hongkong, were to depend solely upon the pleasure and commands of Her Majesty's Go- vernment and the information called for in this notification is required before such terms and tenure can be announced to the public.

By Order,

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Hongkong, Government House, 10th April, 1843."

(Signed),

RICHARD WOOSNAM.

In August, 1843, the Governor having received instructions from Lord STANLEY, then Her Majesty's Principal Secretary of State for the Colonies, directing him to abstain from alienating any of the land on the Island for any time of greater length than might be necessary to induce and enable the tenants to erect substantial buildings, &c., and refusing to sanction any such grants as had already been made, but with a promise that an enquiry should be instituted into the equitable claims of all holders of land to a confirmation, either permanent or temporary, of their titles, issued the following Government Notification :---

GOVERNMENT NOTIFICATION OF 21ST AUGUST, 1843.

"His Excellency the Governor having had under his careful consideration the instructions which he has received from Her Majesty's Government on the subject of Crown Lands in this Colony is pleased to publish the following extracts of a despatch from Her Majesty's Principal Secretary of State for the Colonies.

"Sir HENRY POTTINGER is to abstain from alienating any of the land on the island, either in perpetuity or for any time of greater length than may be necessary to induce and enable the tenants to erect substantial buildings,' &c.

"But with the general prohibition against the alienation of Crown Lands, and with the general refusal to sanction any such grants as may have already been made, Lord STANLEY would connect a promise that immediately on the establishment of a regular Governinent in the place an enquiry should be instituted, by some competent and impartial authority, into the equitable claims of all Holders of Land, to a confirmation either permanent or temporary, of their titles so far as they could be confirmed consistently with a just regard to the interests of Society at large.'

"With advertence to the principle laid down in the above extracts it will be understood that Her Majesty's Government do not recognize the validity of any grants, or sales of Land that may have been made or may have taken place under any authority whatsoever previous to the exchange of the ratification of the Treaty upon which event the Island of Hongkong became a bona fide possession of the British Crown, and from which day the payment of rents derivable from such Land will only be held to commence.

"In obedience to the intimation conveyed in one of the preceding extracts, His Excellency the Governor in Council is pleased to appoint,-

A. G. GORDON, Esq., Land Officer, &c.

Captain D'HAVILLAND, H.M.'s 55th Regt., Assistant Surveyor, and

CHARLES EDWARD STEWART, Esq., Treasurer and Financial Secretary to Government. to be a Committee assisted by RICHARD BURGASS, Esq., Legal Adviser to Government, to enquire into the equitable claims of all Holders of Lands, to define the classes to which particular lots shall henceforward belong, as well as their future annual rent, and to arrange for the disposal of further lots regarding which Her Majesty's instructions prescribe: 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.""

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