January 8, 1895.1
Ho Works with a slight rider to the first rule This order would not alter the Bill materially and I feel sure that if the Government accepted it it would not in any way interfere with the objects in view. I therefore propose that the words "the principal front of such building abuts shall not zoeed 15 feet" should be altered to 14 feet. And in the next clause I would suggest that 75 be altered to 76 feet. With these alterations I should be very pleased to second the amend
:
ment.
The DIRECTOR OF PUBLIC WORKS-I am prepared to accept ti e alterations.
Hon. E. R. BELILIOS-I do not think the Bill provides up to what point a building shall be measured for the purpose of determining the height..
B
The ATTORNEY-GENERAL That is provided for at the end of the sction :—' The height of any building shall be measured from the level of the street to the underside of the eaves of such building, at their point of junction with the main walls thereof.”
The section was then passed nem con. The Council resumed and the Bill was read a third time and passed.
HIS EXCELLENCY-Gentlemen, this Bill hav- ing passed its third reading it only remains for me to thank the Sanitary Board, the Housing Committee, and the unofficial members, and es pecially the senior unofficial member, for the ad- vice and assistance they have given to the Go- Ternment in the matter. It is quite true that several of the sections of this Bill have
CHINA OVERGAND TRADE REPORT.
justice and with just claims. We trust that in the long and difficult task which lies before us, we may rely on the assistance and cooperation of all the professional gentlemen who are engaged. We are sure that, from the Govern: ment and those who represent it, we will receive all the help possible, and we repeat that, as our only aim is to do justice to all, we trust that the help of all will not be found wanting.
The first case called was that of the Dominican Fathers; but counsel not being ready, it was adjourned until Saturday.
The claim of Mr. S. G. Bird was then taken up Mr. V. H. Deacon appeared for the claimant and the Attorney General (Hon. W M. Good man), assisted by the Hon. F. A. Cooper (Direc. tor of Public Works) and Mr. A. B. Johnson (Crown Solicitor), appeared for the Government.
Before opening his case Mr. Deacon said that be understood that there was certain expert testimony and statistical matter filed by the counsel for the Government and he wished to know if such would be open to his inspection.
His Lordship thereupon ruled that such was only prima facie evidence and was open to any examination that might be desired.
Mr. Deacon then asked whether the Court had laid down any rule with regard to mort- gagees and other holders of equitable interests in the properties
After some discussion on this point the Board decided that it would not concern itself in any way with titles, that it would make its award to the owner of the property, and that it would remain
strictive conditions attached to the present hold- ing except of the most inconsequential character. His Lordship admitted the right of conversion. Mr. Denoon next raised another point with regard to the law of compensation, by which be claimed an increase on the value of the property of at least 10 per cent. as indemnity for appro- priation of the property by the Government and cited Lloyd on the Law of Compensation. 5th edition, page 66, and maintained that 10 për cent. for compulsory sale was a very reasonable claim. As to the value of the lease, he said there might be different opinions, but every one seemed to be pretty well agreed on the rate of interest, and that 7 per cent was fair rate. He also oited instances in which the House of Lords had allowed as high as 50 per cent, for indemnity and had given as much as 25 per cent, for country land, but asid that the claimant did not wish to be unreasonable and asked only 10 per cent.
Mr. Bird was then called as a witness, and said that he was a land surveyor in Hongkong from 1878 to 1889 and that since then he had been most of the time engaged in the real estate business. He said that the first time he saw the houses on lot 244 B & C was in 1892, when he went down to see about making a loan on them, that he looked at them from the outside and went in on the ground floor, but did not go over the buildings any further, as he con sidered himself sufficiently qualified to pass on such property without a more minute ex mination. He did
been carried by the official mejority; and for the Government to determine who such per cent, and badake a loan of $5,500 at 8.
I am very sorry indeed there was not more unanimity of opinion in regard to these dis- pated provisions. With reference to section 10, which was referred to very strongly by Dr. Ho Kai-respecting domiciliary visits-I will give my personal guarantee that these domici. liary visits, when necessary. shall be regulated with the very greatest care-(applause) and if there is any report of undue interference I will ask the Registrar-General to inquire in- to the matter and report to me fully in regard to it. (Applanse) What the Govern ment feels in regard to this measure is this, that in a colony where the shipping is so enormous and commerce so valuable no possible precaution that may prevent a recurrence of the plague or any other epidemic should be neglected. We hope that this Act will be eff otive and that its provisions will be cheerfully acquiesced in, to the benefit of the general health of the colony and to the prosperity of the community at large. I now adjourn the Council and will let you know the date of our next meeting. In the meantime I wish you all a Merry Christmas and a Happy New Year. (Applause.)
Hon. C. P. CHATE-On behalf of the un- official members of the Legislative Council, I beg to reciprocate the very kind wishes your Ex- cellency has just expressed towards us.
TAIPINGSHAN RESUMPTION ARBI
·TRATION BOARD.
owner.
!
The
seen the buildings since, owner was, and in the case of dispute arising to until last Saturday, when he again visited them. apply to such court as would be proper to con- When he made the loan the buildings were in sider that question, but so far as the present good condition and made a presentable appear- Board was concerned they had only to look into ance, but when he saw them the other day they and determine the value of the property and the were in a bad condition, the wind and rain hay- amount of compensation to be given to eaching blown through the open doors and windows
that had been left open for ventilation, and there- The claim of Mr. Bird was then proceeded by much damaged the building. He thought with. It was for lots 244, B. & C., Taipingshan. the buildings were now about six years old. He Mr. Deacon, on account of the ruling of the did not know anything about the inside arrange- Court relating to mortgageesand other claimants, ment of the buildings, nor whether there were modified his olatun to that of owner and asked mezzanine floors contrary to the provisions of for $5,500, value of the property, and $480, the law, but thought that possibly there might arrears of rent due on same, making $6,000, plus be some modifications of the floors necessary ad- 10 per cent. indemnity that he claimed for ap der the new lawf The area of the house was propriation of the property. The total claim 35 by 27 feet or 945 square feet. He entered was thus $6.6 0. The Government had offered into possession in November, 1892, and the re- o the 10th December of this year $2,691, but turns from actual rentals received during 1892- this was declined. Mr. Deacon then cited his 1893 were $582.50. The taxes of $62.40 were pribe.psl authority for his view of the proper paid by him. The value of one room for one method of determining the value of the property year was $30 or $498 fo
for all of them. and the consequent compensation that should be taxes for the following year were $48.80. The allowed. It was a recent case and was cited in mean gross rental of the buildings for the two the Low Times, New Series, No. 70, of June, years was $540 25. The first year it was $582 50. 1894, page 527. The principle therein laid down the next year $498, making an average of $540.25 for determining compensation in this class of cases for the two years, from which should be deducted he called to the especial attention of the Board the following items:-Crown rint $3.96, fire as having unusual weight, since the case had insurance 1 per cent on a valuation of the been sustained in the House of Lords. He read building, exclusive of foundation, of $1,800, $18; - at some length from the case, wherein it was allowance for repairs and maintenance 2 per emphatically laid down that the role governing cent, on $1,800, $36; average tazes $54.36; such cases was to determine capitalization of the making all told $112.50, which, deducted from the rental value. The question, then, was as to the gross rental of $540.25, leaves a net rental best method of determining this value and fixing of, $427.75, which, capitalised at 7 per cent. the rate of ospitalization. He said that while
on 8 fifteen years' valuation, would give The first meeting of the Taipingshan Arbi- there might be different opinions as to the $6,110. He also said it was not bis practice tration Board was held on Thursday morning in method of procedure in such cases, he thought to allow for vacant floors or for other de the Supreme Court. His Honour Mr. E. J. that the plan described in the case cited was preciation than that provided for in the two Ackroyd, Acting Chief Justice, is Chair unquestionably the best, and that, based on this per cent. which he considered ample for property mar of the Board and the other members are
course, and adapting it to this community and in Chinese tenements. He thought the valus- Mr. E. F. Alford and Mr. W. Danby, with the special circumstances governing the Faition of $3.90 persquare foor for the land very low. Mr. A. Seth as Secretary. The court room was pingshan question, a valuation of 15 years pur- When cross-examined by the Attorney-General, well attended by those interested and their solici.chase at the rate of 7 per cent. per annum was he said :—I made my own value on the property tors:
fair and reasonable. And if this view was at when 1 advanced $5,500. I did not say that I SITIO CHAIRMAN, on opening the proceedings, cepted all it would be necessary to do would be had been paid anything on the pricipal, only on skid-The Board is glad, after some unavoidable to determine the correct rental value of the acconut of interest, The capitalisation of the delays, at being in a position to day to begin its property.
rental on the basis of 14 27 years at 7 per cent. work. We do not conceal from ourselves the dif-
would yield about $6,000. The houses were feuftion of the task before us nor the importance
closed in May, 1894. The rent for 1893 1896, that many of our decisions must have for some of
was $498. Assessment came in July of 1894. the claimants. We feel that in the Government,
I do not know what amounts were sent into the the public, and the owners of the resumed
assessor; Mr. Maitland had charge of that. I do property we have so many opposing interests
not know anything about the basis on which the before us difficult to deal with, and it will Mr. Deacon then continued, saying that they assessor determines the amount of each asseSS- be our duty to endeavour as far as possible to chose 7 per c. nt. because that was the average re- ment; but, in any event, the amounts that we reconcile these and to apportion their rights to turn on money invested on mortgage and was a turn in and the amounts on which we pay are sach. With this purpose in view, it will be our reasonable rate for investments in this class of pro- often different things, As for instance, in this constant sim to grant to all a patient and imperty. He next took up the matre of this parti- case, where you say that his books show for partial hearing and, while admitting that an oular lease and showed tuut it was one of the old- 1892-1893 a valuation of $240 for each house, or owner may naturally seek to recover what he may est Crown leases and that under the letter from $480 for the two, and last April $140 for each consider is a fair compensation for the land which the Home authorities of 3rd March, 1849, the of the two or $280 for the two. I do not know has been røsumed, we trust we shall not have to owner would have the right to convert the same what the difference is between what I paid on deal with any exaggerated olaims, for those into a lease for 999 years, which practically made and what I returned because that part was ar- who seek justice must na prepared to du it as good as a freshold, since there were no re- raged by my accountant. Yen, thené figures
६
His Lordship bereupon interposed and said that he did not think there would be any great difficulty in coming to a satisfactory understand ing on that point when once a proper method had been agreed upon for determining the rental value.
Page 10Page 11
No comments yet.
Private notes are available after approval.