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alterations which I thought would improve the Bill. I then called another mesting of the Law Committee, and they went through the Bill in its then form and approved of it generally. I beg to move that the Council go into Committee to consider the Bill clause by clause.
The Acting Colonial SecretaRY seconded. The Hon. T H. WHITEHEAD-I rise to say that this Bill is a totally new Bill in principal and in substance as compared with the Bill introduced, which passed a second reading in the autumn of last year The old Bill stipulated that there should be th es members | composing the Land Court and that the Paisns Judge should be the presiding member of that court. Now it is proposed that only two mem- bers should compose the court, and there is no provision that either one or the other should have any legal knowledge. The scope of this Bills much wider than that of the previous Bill, and I submit that instead of the Council | going into committee on the Bill it should be
read a first time and translated into Chinese so that the Chinese may have the opportunity of making any suggestions which might occur to them, as the Bill very directly affects them.
The Conucil then went into committee to con- sider the original ill clause by clanse.
variance
The Hon. C. P. CHATER seconded, but on being put to the vote the moti u was lost.
THE HONGKONG WEEKLY PRESS AND
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But it must be remembered that upon them. these amendments have been recommended by every member of the Law Committee except one, who, unfortunately, was unable to attend. There- fore I take it that every amendment will re- ceive a great deal of respectful consideration from the Council, because if that one member had been present at the meeting of the Stand. ing Law Committee, and had agreed to the amendments, this Council could have accepted the Bill en bluc as amended by the Law Commit- tee and without consideration clause by clause.
The Hon. T. H. WHITEHEAD proposed that clause 3 of the Bill should stand over for further consideration until the Governor had made up his mind who the two members who should com pose the court should be. He suggested that it was desirable that some provision should be made to guarantee that one of the members should have some legal knowledge...
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His EXCELLENCY THE GOVERNOR-I think it is very desirable that one of the memberg- should have some legal knowledge. I may say at once that it is the intention of the Govern- ment that one member should have some legal. knowledge. At the same time I do not know that it is desirable to tie us down. It is quite possible that small claims might be looked by a person without what you may call any legal qualification but with a considerable amount of common-sense and considerable knowledge of land.
The Hon. T. H, WHITEHEAD-That being the intention of the Government, would it not be well to have it inserted in the Ordinance that the senior member of the court shall be a duly qualified legal practictioner.
The COLONIAL TREASURER-It is also im- portant we should have a man with a knowledge of Chinese,
His EXCELLENCY the GOVERNOR (to the Attorney-General)-Do you see any objection ? The ATTORNEY-GENERAL—I think it could very safely be left to the Government. I would advise the Government to appoint a proper per- I think it is rather a reflection on the 800. Government to uggest that they would appoint an improper person to the Land Court.
which had not interpretation clauses attached to it. These who had had experience in draft- ing Bills considered it very necessary to bave an interpretation clause to facilitate the under- standing of the Bill and pin down words and phrases to their proper meaning. The interpre- tation to the Bill was contained in the second The Court means clause and was as follows.- the Land Court constituted under this Ordinance. and shall include any member thereof acting alone in matters where one member has juris- diction conferred upon him by this Ordinance. Land includes buildings thereon and also land covered with water or within the flow of the 883. Claim in relation to land includes a claim to a right of common or other profit or benefit, or to any easement or other interest from, in, upon, or over or in respect of any land. New Territories means the additional Territories acquired by this Colony under the Convention dated the 9th day of June, 1898, between Her Majesty Queen Victoria and His Imperial Majesty the Emperor of China for the enlarge. ment of the limits of this Colony, including the City of Kowloon. The marginal notes explain the various clauses. The only one I
eed trouble to explain to you is No. 3. case of small claims it would he simply a waste of time to employ two or three judges, couse- The Hon. T. H. WHITEHEAD-I ise to move that the Council resume in order that members quently one member of the Land Court sitting may have the opportunity of considering this alone will have jurisdiction to hear and finally new Bill. Honoursole members have not had determine the following:-(«.) Any undisputed reasonable time to con-ider the important al-cluim, and (b.) Any disputed claim in which the value of the claim shall not, in the opinion terations now incorporated in the Bill. 1 have
of such member, exceed two hundred dolla. s. carefully read over the Contention between the Governments of China and Great Britain, and and (c.) Any disputed claim in which the it appear to me that section 15 is entirely at parties consent to have such claim determined Provided also, that in case to and contrary the provisions by one member. of section
of a difference of opinion when both members of that convention, and 6
be should are sitting together, the decision of the Pre- submit that rea onable time
sident shall prevail. As regards clause 15 I allowed members in which to consider this Bill
may just say a word. There is nothing con- very carefully.
trary to the convention in it. They will find that the new clause 15 is į ractically the same as clause 12 in the old Bill Clause 15 says :- All land in the New Territories is hereby declared to be the property of the Crown, during the term specifi-d iu the Convention of the 9th day of June, 1898, hereinbefore referred to, aud all persons in occupation of any such land, after such date as may be fired by the Governor by notification in the Gazette, either g uerally or in respect to any specified place, village, or district, shall be deemed trespassers as against the Crown, unless such occupation is authorized doing. the 23rd of November, the Bill
to by grant from the Crown or by other title which has been handed round honourable members is the Bill contaiuting allowed by the Court under this Ordinance, or by license from the Governor or from some for convenience amendments I propose to
but honourable members have also before Government officer having authority to grant move, them the original Bill. One course, but such license, or unless a claim to be entitled to not at all a convenient course, would be to such occupation has been duly presented to the Court and has not been withdrawn or heard and take the old Bill clause by clause and say that instead of certain words such and such disallowed." It must be clearly understood that 1, as Attorney-General of this colony, maintain, words should be substituted or added. I have no
in spite of any suggestions which may be made objection to that course except that it will lead to complication and difficulty. To abandon the by any other people, that the whole of the land Bill and bring it forward again for the first on the other side belongs without a doubt reading because the amendments suggested by absolutely to Her Majesty, subject to the terms of the Convention. It belongs to Her the Law Committee are somewhat extensive is. I think, a course which the honourable member Majesty during the term of 99 years mentioned in the Convention, and during that term she will see is not a proper course to pursue, and I think he will see ou consideration that the fact has sole jurisdiction in the New Territories. that there have been a good many amendments It is so stipulated in the Couvention. Sole is no reason why a, Bill read a first and second | jurisdiction means that nobody else bis any time should be abandoned. But we are going | jurisdiction-the Emperor of China or anybody through the different amendments, and if the else. Consequently during that 99 years there If oau be no title held except from the Crown. honourable gentleman-bas any objection to them
The Hon. T. H. WHITEHEAD proposed that a person had a title from the Emperor of Ching will endeavour to the best of my ability to ex-
at the time the territory was taken over, thề | the farther consideration of Clause 3 be post- plain the reason why those amendments were con-
not carried, him. sidered necessary, and I have great hopes of Land Court would recognise that title and poned until the next meeting of the Conncil, entirely converting him to my views before recommend that the title by Her Majesty should | but the proposal was the afternoon is over. As to the difference be given. The kind of title would be for yourself, the Hon. Wei A Yuk and the Hon. Dr. Ho Kai being the only members who voted between the old Bill and the new Bill, Excellency to decide. the beading of the old Bill was somewhat defective, because it did not give the full the Bill, and this the new Bill did, scope namely, “An Ordinance to facilitate the bear- ing, determination, and settlement of land claims in the New Territories, to establish a Land Court, and for other purposes." The first section of the new Bill, is practically the same as the first section of the old Bill, except that we say now "This Ordinance may be cited as the Land Court (New Territories) Ordinance, 1900, and it shall apply only to the New l'er- ritories, and to claims in relation to land therin.” Coming to the second clause it was similar to the second clause of the Bill in its old form but
The Hon. T. H. WHITEHEAD-Then I rise to give notice that I shall lay my protest on the table against the ruling of this Council. The ATTORNEY-GENERAL-It will not be necessary for me to repeat the remarks I made before the Council went into committee. I was not here the first or second time the Bill was read. In answer to what the honourable member opposite said as to the Bill now before the Council not being the Bill which was read a first time
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The Hou. T. H. WHITEHEAD-I can hardly follow the Attorney-General's logic and reason- ing. If it is the intention of the Government to have a gentleman with legal knowlege at the head of this Land ‹ourt, why not put it in the Bill? We shall then know what we are
His EXCELLENCY THE GOVERNOR-I would point out that theory is very fine, but an ounce of practice is worth a pound of theory, Sup- posing the le al member of the court was going on leave and we wanted to get a gentleman të Is there a do the business for a few months. legal man in the colony more capable of deal. ing with cases that would come before the Land Court than Mr. Bruce Shepherd if he were appointed P And yet if the honourable member's suggestion were adopted it would deprive the Government of the power to ap. point someon⋅ to act, who was perfectly com petent to do so, because he was not a legal practitiouer.
l'he ATTORNEY-GENERAL-It must be borne in mind in addition that the o art will sit on the other side, and it is not always possib e to get, for instance, the Puisne Judge over there, as, if he went over to the other side to the Land Const the business of the court on this side would be hanging firel
The Hon. T. H. WhiteheaD-May I refer | for it. to provision of the Convention ?
The ATTORNEY-GENEBAL—] am most; fami. liar with it. I have studied the matter most carefully.
the
The rest of the clauses were then gone through and the Bill passed through the com. mittee stage.
The Council then adjourned until next
HIB EXCELLENCY THE GOVERNOR~The | Thursday, honourable gentleman misunderstands position. The Bil before the Council at the present time is the Bill that has been read a second time. The now. Bill which the honour. able member has had placed in his bands is simply the Bill with the proposed amendments, which for the convenience of members have been printed and circulated, so that they may study them instead of having them sprung
The Buddhist priests in Japan, have not abandoned their agitation against Govern- mental measures for placing all religions on an equal footing before the law. They have held another meeting, this time in the Zen temple in Kyoto. It was decided that funds should be raised for another campaign with regard to the next session of the Dist.
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