630
Mr. CALTHROP-I was going to point out that what I understand.is to be barred is any legal or equitable right which can be enforced in a Court of law. I was referring to page 21 in the record of the Privy Council Appeal. In the first place I would refer you to Section 8, Sub-section 6, namely [reads from Ordinance.] By that the right is wholly taken away, and there is substituted for it a chance of obtaining compensation from the Governor. In Sub-section 6 it refers to the whole matter, and then it goes on and deals with the question of foreshore. I think it refers to no legal compensation.
HIS LORDSHIP:-There is no right of action for injuries caused by Public Works.
Mr. CALTHROP:-Sub-section 6 says that the Governor may give compensation for any injury.
HIS LORDSHIP:-That is to the Marine Lot Holders.
Mr. CALTHROP-I mean any injury which he has been put to through the works. A person buying a Marine Lot, buys it not with the idea that the Government will cut off the access to the sea the following day. I think the whole 50 feet road which went along for the two miles belonged to the Government. For instance, there was a large property sold in Kowloon recently, and it would never have been bought had the Government said to the Purchasers" now we are going to cut you off."
HIS EXCELLENCY:-- Your contention is that if compensation is to be awarded, it should be awarded under Sub-section 6.
HIS EXCELLENCY:-After consultation with the Legal Assessor, I have decided that the Court must hear the evidence on the subject of silting.
[The Claimants' witnesses were then cross-examined.]
CROSS EXAMINATION OF THE CLAIMANTS' WITNESSES.
3rd July, 1905.
First Witness Mr. James Orange (of the Firm of Messrs. Leigh & Orange.)
·
Mr. POLLOCK (cross-examining on behalf of the Crown):---I see, Mr. Orange, you say in your Report that according to Valuation No. 1, you value the Lot, as a Marine Lot, in 1895, and before the Praya Reclamation Works, at $5 per foot?
A-Yes.
Q-First of all, how do you get $5 per foot?
A-I valued it in several ways; one fact that guided me a good deal was the value placed by the Government in 1887 on 339 square feet, which was resumed by the Government from this very Lot. For this 339 square feet $1,700 was offered by the Government, but was not accepted by Mr. Howard. Also in the Praya Reclamation Ordinance, the sum put aside for compensating the owners of Marine Lots 95, 96, 97, 98, and 105, was $105,000.
HIS EXCELLENCY:-Which are the numbers?
A--95, 96, 97, 98, and 105. [Witness points out on the Plan the Lots referred to, and explains that the numbers have since been altered.]
Q-Would you mind, Mr. Orange, telling us what are the numbers of these Lots now
?
A-I cannot say; they are now Inland Lots.
Q-Can you tell us the area resumed of these Lots ?
No comments yet.
Private notes are available after approval.