597
A 16.
[7689/04/C.O.D.]
The Honourable F. H. MAY, C.M.G.,
18, BANK BUILDINGS, HONGKONG, January 6th, 1905.
Colonial Secretary, Hongkong.
SIR, I have by a recent Mail received from Mr. Howard a reply to my letter to bim of the 7th October last forwarding to him copy of your letter of the 6th October, and I have the honour at the present time of replying to your letter.
Mr. Howard having made certain remarks on the Memorandum in accordance with your request, I append such remarks by way of statement in support of the claims as referred to in your letter under reply.
I propose, if required, to tender Mr. James Orange of the late firm of Messrs. Leigh & Orange in support of his Declaration and Valuation at $282,000, dated the 17th February, 1899.
I propose also, if required, to tender Mr. A. Turner of the late firm of Messrs. Palmer & Turner in support of their Valuation of Marine Lot No. 184 on the 19th September, 1899, at $94,000.
I propose also, if required, to tender in evidence a letter of Ho Tim to T. Ho- ward dated 3rd May, 1888, containing the offer of $200,000 and a proposed Agree- ment of Sale made in May, 1888, with Chan Yau-hok at $200,000.
I propose also, if required, to tender in evidence the books kept by Mr. Ho- ward showing the working account of the Godowns from the commencement in the year 1885 up to the year 1899. These accounts however have already been audited by the late Auditor Mr. Nicolle on behalf of the Government up to the month of July, 1898.
I have the honour to annex you the Statement of Claim as submitted on be- half of Mr. Howard and myself.
I have, &c,
(Sd.)
MATTHEW J. D. STEPHENS.
A 17.
REMARKS ON THE MEMORANDUM OF STATEMENTS OF LOSSES INCURRED IN CONNECTION WITH MARINE LOT No. 184 AND ANNEXED TO LETTER OF THE HONOURABLE THE COLONIAL SECRETARY, DATED THE 6TH OCTOBER, 1904.
1. This statement was made from Messrs. Leigh & Orange's Valuation, No. 3 in Valuation, but without adding the 10 per cent. for compulsory sale, and also from Mr. Howard's Statement of Claim for loss of rents. (Vide Appendix, Nos. VI and VII, pp. 32 to 36 of Petition to His Majesty the King dated the 22nd May, 1903).
2. The loss of $165,142 will be the same as No. 1 when the exact figures $146,666, are substituted for $140,000.
3. These losses are based upon Messrs. Leigh & Orange's Valuation of $282,000, as stated in their Summary (vide Appendix VII, p. 36 of Petition).
4. The offer of $200,000 was made by Ho Tim in a letter addressed to Mr. Howard dated the 3rd May, 1888, and at the same time wired to Mr. Stephens by Mr. Howard, in London. Subsequently in the month of May, 1888, before the depreciation there was an offer of $200,000 by A. Rumjahn, a Broker, the terms of such offer being embodied in an agreement which will be produced, but was not carried out. On September 19th, 1899, after the depreciation Messrs. Palmer & Turner, Surveyors, valued the Lot at $94,000 (vide their Valuation).
5. These figures were given by Mr. Howard for the purpose of shewing the inadequacy of the Hongkong Government's estimate of $24,367 for depreciation.
6. Proper compensation in respect of private rights had been promised both by Governor Des Voeux and the Attorney General, Mr. Goodman.
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