Sessional_Paper_1901 — Page 577

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STAFF.

Mr. MESSER as Land Officer, Mr. HALLIFAX as Magistrate, and Mr. B. W. GREY as temporary Land Surveyor, resided in the New Territory throughout last year, as also did Mr. Ho NAI Hor, Chinese Medical Officer.

Mr. GOMPERTZ, as member of the Land Court, has worked principally in the New Territory since last May. From May to November he was assisted by Mr. KEMP as Registrar of the Land Court, and from November onwards by Mr. Wood in the same capacity. Mr. CHEUNG TSOI acted as Chief Clerk and Interpreter to the Land Court from May onwards, while from January till May, Mr. Tso1 YEUK SHAN was Chief Chinese Assistant and Interpreter to the Land Officer.

Mr. S. R. MOORE, Demarcation Officer of the Land Court, has been working in the New Territory since November, and Mr. H. T. WATSON, Clerk in connection with the preparation of a rent roll for the cultivated portion of the New Territory, resided there permanently from April to July.

I attach a list (Appendix No. 12) of the officers who have worked in the New Territory during the year.

J. H. STEWART LOCKHART, Colonial Secretary.

Hongkong, 15th July, 1901.

Appendix No. 1.

SOME NOTES ON LAND TENURE IN THE NEW TERRITORY.

General Theory of Chinese Tenure.

It is the commonly received opinion that in China the Crown is the universal land lord in whom the ultimate ownership of all lauded property is vested.

Williams says (Middle Kingdom Vol. II, pp. 1-2):—

"The land is all held directly from the Crown, no allodial property being acknowledged; if mesne lords existed in feudal times they are now unknown. The conditious of common tenure are, the payment of an annual tax; the fee for alienation; a money composition for personal service to the Government, a charge generally incorporated with the direct tax as a kind of scutage. The proprietors of land record their names in the district and take out a ‘hung-k'i,' or red deed, which secures them in possession as long as the ground tax is paid," that is to say that laud once gra".ed by the Crown remained the property of the grantee as long as but no longer than Crown Rent was paid on it.

2. In many parts of the Empire and notably in the San On District of the Kuang Tung Pro- viuce there are large tracts of land so infertile as to possess hardly even a nominal value. These lands it would be the natural desire of Government to see taken up on almost any terms aud it is not surprising to find that it was the custom for a grant of such lands to be made to proper persons without premium on their complying with the regulations laid down for applicants.

The name of the person applying was entered on the register with the area desired-a descrip- tion of the land-and the class of tax proper to be paid.

The following extract from a translation by T. T. Meadows of the Provincial Laws and Regu- lations of the Province of Kuang Tung, published in 1846 by the Governor and Governor General, gives the prescribed form of application for persons wishing to take up land hitherto uncultivated :— (4.) The party who intends bringing a piece of land, no matter of what extent, into cultiva- tion, must first repair to the local anthority and present a statement containing his individual and family names, and indicating the piece in question; which will then be registered as ground being brought under cultivation. After it has been brought into cultivation, so as to form a regular piece, a plan must be drawn showing its extent in every direction, which must be presented to the local authority, with the request that it may be surveyed: and the latter will after the survey grant a deed placing the cultivator in full possession..

migh

(b.) Odd patches not forming complete lots, the extent of which does not perhaps amount

to 10 man,

and which are barely fit for growing vegetables and miscellaneous pro- duce, need not be reported, &c., &c., as above, at the time their cultivation is under- taken, but only after they have been reclaimed; an exemption granted, "in order to manifest compassion for the cultivators." Whoever has at a former period spent labour and money in cultivating any such piece of land without the cognizance of the authorities and who has succeeded in reclaiming it, shall be allowed to give informi

of; on which the land in question will be surveyed, and a deed

local authorities.

s seems quite clear. A person wishing to take up Crown land

>rity.

ce his possession. This evidently holds good for all patches amounting to less than 10 mau the cultivator Iready reclaimed the land.