Sessional_Paper_1901 — Page 572

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TITLES.

I attach a memorandum (Appendix No. 1) by Mr. GOMPERTZ, Member o Land Court, upon Land Tenure and Titles in the New Territory.

He recommends a modification of the Torrens Systern of Title by Registration, ch as is in use in Malacca and the Federated Malay States, for the New Territory. view of the very large number of small Chinese holdings in the New Territory, 1 of opinion that this system will prove more effectual than the technical pro- ire based upon English law now in use in Hongkong.

LAND COURT.

The Land Court, established by Ordinance No. 18 of 1900, was constituted on he 1st June, 1900, Mr. H. E. POLLOCK being President, and Mr. GoмPERTZ, Member. Mr. KEMP was appointed Registrar, and on his removal to act at the lagistracy, Mr. WooD was appointed Registrar. A very large amount of work ad to be done before the Court could commence its sitting. The formation of a roper demarcation Staff and the arrangements connected with the registration and eception of claims provided full occupation for the Court so that no sittings had een held to the end of the year.

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The Indians making the field to field survey were of course strangers to the untry and not knowing the language were unable to ascertain particulars of nership. It became therefore necessary to form a Staff of Chinese Demarcators ccompany the survey parties and as the outcome of several experiments twenty

, mostly villagers of the better class, were enlisted to make the record of ys. This work they have proved fairly competent to perform, but they are inable to read a map and this necessitates their being accompanied in every by a Surveyor even when at work upon land the field to field survey of which been completed.

The area selected for the commencement of operations was the long and narrow of territory, fronting the harbour of Hongkong and extending from the aun Pass on the East to the village of Lai Chi Kok on the West, on account great importance as an outlet for the expansion of the Colony and its very

lue.

fortunately the inhabitants of this area were fully alive to the possibilities uation and it may be said that every foot of land anywhere near the sea is ect of five or six conflicting clains. It is impossible to believe in the of many of the claimants or to imagine that their own Government ve given a patient hearing to many of the demands now put forward.

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he same time when it is remembered that the Chinese authorities had de a survey and that the Chinese Magistrate seldom or never settled dis-

Land of little value by personal inspection, it is evident that considerable

caution are now needed.

the strip of country on the North shore of the harbour, 9 lesser between Hongkong and the large Island of Lan Tao have been taken Five of them being barren and practically valueless have not been will therefore be considered as Crown Land.

the others were claimed by the representatives of wealthy families on , but no decision had been given by the Court up to the end of the year. ral procedure of the Land Court is given in a Report by Mr. GOMPERTZ March, 1901 (Appendix 1a). It may be summarised as follows:- t is chosen and marked out by boundaries and a notification then land-owners to present their claims to the Court before a given ds claimed are surveyed and particulars of ownership entered on the ks, while claimants are summoned to attend the Court where the filled in for them by the clerical staff. After the last day for Il land unclaimed in the district is the property of the Crown. es are sorted, undisputed ones being available for the rent roll, contested are set down for hearing. The holdings are very cracies of the people are so productive of delay that it is even a moderate amount of expedition without a corres- * accuracy.