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June 26, 1905.]
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"Will the Government take into consideration "the advisability of relaxing the present rule, in regard to vagrants having to wear prison clothes when entering the House of Deten- "tion? Could not the application of this "regulation be deferred until men have been guilty of a breach of discipline or some
"other misconduct ?"
Hon. COLONIAL SECRETARY-I beg to state that the regulation regarding the dress to be worn by vagiants in the House of Detention is under consideration.
THIRD READING BUGAR AMENDMENT, Hon. ATTORNEY GENERAL-I beg to move the third reading of the Bill entitled An Ordinance to amend the Sugar Convention Ordinance, 1904.
Hon. COLONIAL SECRETARY seconded and it was carried.
Hon, ATTORNEY GENERAL-I beg to move that the Bill entitled An Ordinance to amend the Sugar Convention Ordinance, 1904, which has been read three times, be now passed.
Hon. COLONIAL SECRETARY seconded and it was carried.
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THIRD READING VAGRANCT AMENDMENT. Hon. ATTORNEY GENERAL-I beg to move the third reading of the Bill entitled An Ordinance to amend the Vagrancy Ordinance,
1897.
Hon. COLONIAL STORE FARY seconded and it was carried.
Hon. ATTORNEY GENERAL I beg to move that the Bill entitled An Ordinance to amend the Vagrancy Ordinance, 1897, which has been read three times, be now passed.
Hon. COLONIAL SECRETARY seconded and it was carried.
NEW TERRITORIES LAND BILL. Hon. ATTORNEY GENERAL - I beg to move that the Council resolve itself into Committee
of the whole Council on the Bill entitled An Ordinance to facilitate the transfer of land in the New Territories and for settling disputes in respect thereof and for other purposes.
Hon. COLONIAL SECRETARY seconded and it was carried,
Amendments, moved by Hon. ATTORNEY GENERAL, as follows:-
Sub-Section 4, Section 1, was struck out, and the following substituted :—
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"(4.) Upon the application of the registered owner of any land in the New Territories "which has been purchased from the Crown "since the 17th day of April, 1899, and in respect of which a separate Crown Lease has "been or is intended to be issued, the Governor may exempt the said land from the provisions "of this Ordinance by a Memorandum under his hand written in or upon the Crown Lease "thereof."
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A fresh sub-section, Sub-Section 5, was added
to Section 1:----
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(5.) Upon the application of the registered owner of any land in the New Territories not "covered by the provisions of the last preceding sub-section, and upon proof to the satisfaction "of the Land Officer of the title of such owner, "and surrender of such land to the Crown, the "Governor may direct a new Crown Lease for ‘such land to be issued after due survey thereof has been made and the prescribed fees paid, and the Governor may thereupon exempt the "said land from the provisions of this Ordinance by a Memorandum in writing under his hand written in or upon such new Crown Lease, "Provided Always that in any case in which "such application refers to land of such small "value that, in the opinion of the Governor, it "is undesirable to grant exemption the Gover-
nor may refuse to grant the same,' Section 6, was amended to read as follows
6. The Office shall have power to decide in a summary way all questions and disputes in "connection with, or in anywise arising out of, or regarding, any land, and he may within "three calendar months from the giving of "his decision, re-open and re-hear the case upon such grounds as he shall in his "discretion deem sufficient, and reverse, vary or "confirm the previous decision of judgment. "The Land Officer shall have power to recog "nise and enforce any Chinese customary right in relation to land, and the decision or judgment of the Land Officer shall be binding on all parties concerned unless "and until the same is varied or set aside as hereinafter provided; Provided that the
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CHINA OVERLAND TRADE REPORT.
Land Officer shall not have power to decide any question or dispute to which the Crown is a party unless the Crown consents in writing to his so doing; And further the Land Officer "shall not have power to decide any question or dispute in respect of any land having a capital "value exceeding $5,000 or an annual value exceeding $500 unless with the written con- "sent of the parties to such question or dispute. The figures "$5,000" and "850"," respectively being substituted for $10,000 and $1.000.
Hon. ATTORNEY GENERAL moved that Section 9 be amended to read as follows:-
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Or
the
9. Every judgment or order of the Land Officer and every entry thereof in "Land Register shall be conclusive for all purposes; Provided that if any person shall "consider himself aggrieved by any such judg 'ment order or entry, and if the Land Officer 'shall certify that the capital value of the "subject in dispute exceeds two thousand dollars. if a Judge of the Supreme "Court shall on good cause shown grant special leave to appeal, such person may "within three months from the date of such judgment order or entry move a Judge of the Supreme Court to vary or set aside the same; and it shall thereupon be lawful for such "Judge to vary or set aside the said jugment order or entry on such terms as he may think fit.
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That was substituting the words two thousand for the words five hundred, and adding the other words in italics.
Hon. Dr. Ho KAI-I beg to move that the word or be changed to and because or means that if the property be worth only $100, say, so long as the decision is not satis- fatory to a party he can go to the Supreme Court and if a good case is shown get le re to appeal.
Otherwise this section will take away the good conferred by this Ordinance, because
this Ordinance is for the settlement of dis-
to land as putes relating
well as the transfer of land. So if a person who owns a small home worth $100 gets into dispute with another who has money, if the judgment of the Land Officer is not favourable to the latter he would say "I am dissatisfied with the decision of the Land Officer," and
would employ a soliciter to obtain special leave to appeal, and the decision of the Land Officer could always be shifted, because notice to the other side that the party was going to apply for special leave to appeal would be given. Then the small man would have to go to instruct a lawyer to appear for him, and would then be asked to deposit a couple of o the hundred dollars to cover expenses. small bolder would be subject to injustice.
Hon. ATTORNEY GENERAL-Leave the word or, or strike out the whole of the added portion. If you strike it out it deprives a man from leave to appeal unless the property is valued at $2,000. Hon. Mr. GEBSHOM STEWART-May I ask about No. 8?
HIS EXCELLENCY -The object is to prevent small land bolders being let in for legal expenses. Hon. Dr. HO KAI-Then it would avoid the
object of the Ordinance, which is to save expense in the settlement of disputes over laud, and if any man can go to the Supreme Court for special leave to appeal these small bolders have to go.
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Hon. ATTORNEY GENERAL- l'hat is the stock argument against all appeals which ought to be. It is said that it allows the rich man to oppress the poor man, There may be cases of oppression, but it ought to go to the judge if cause can be shown.
Hon. Dr. Ho KAI-There is a limit of £50 ). I wish to say that I advance this argument on principle, not that I suggest any over charging I move of the practitioners in this Colony. that the words be struck out altogether.
HIS EXCELLENCY.-You oppose the amend ment.
The amendment was carried.
Hon. ATTORNEY GENERAL moved that Section 10 be amended to read as follows, and that 10a be added :----
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10. Except by way of appeal from the Land Officer, no proceeding relating to land in the "New Territories shill be commenced in the Supreme Court of Hongkong, unless the "Crown is a party, or unless the Land Officer "shall certify that the capital value of the land affected or in dispute exceeds $5,000 or the "annual value thereof exceeds $500,
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10a. In any proceedings in the Supreme "Court in relation to land in the New Terri
*tories the Court shall have power to recognise "aad enforce any Chinese custom or customary "right affecting such land."
Hon. Mr. GERSHOM STEWART -How is an English judge to know Chinese law ?
Hon. ATTORNEY GENERAL-It is a matter of fact which will be proved under our own law Hon. Mr. GEESHOM STEWART-Our own
law is very much disputed, and-
Hon. ATTORNEY GENERAL-Our own law is based on common sense.
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It was subsequently decided to leave the Bill in Committee on this point.
Section 11 was amended to read as follows:- 11. The Land Officer shall on judgment being given in respect of any land forthwith enter a memorandum of such judgment in the Land Register. No fee shall be payable for such entry.
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Fection 23 was amended to read as follows :--- "23. In a Conveyance by way of mortgage in Form C in the Schedule hereto there shall be "deemed to be included the following further covenants and provisos in addition to the "covenants contained in sub-sections (b) and (d) "of Section 22 of this Ordinance :-
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(a.) A covenant by the Mortgagor with the Mortgagee that it shall be lawful for the Mort- gagee, as from the date of the mortgage, if not receiving any interest on the mortgage money, to enter into possession of the property conveyed and thenceforth to quietly hold, occupy, enjoy and take the same and all "benefits and advantages accruing in respect "thereof without in any way accounting to any
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person whatsoever in respect thereof, and without any interruption by any person until be the time when such mortgage shall "redeemed.
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· (b). A covenant by the Mortgagor with the Mortgagee that the Mortgages will demand refund to the Mortgagor all sums paid by the latter on account of any Crown "Rent or taxes payable in respect of the property conveyed during the possession of "the Mortgagee, and that the Mortgagee will
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during such possession indemnify the Mortgagor against the non-performance and "non-observance of the covenants and con-
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conveyed, contained in the Crown Lease Licence or Grant ander which such property
"is held.
Hon. ATTORNEY GENERAL-I think it is an absolutely wrong principle to compel any manditions, so far as they relate to the property to be contented with a judgment which affects his land. I have had long experience and would not attempt to deprive a man of right to appeal on the ground that lawyers' chi are too heavy, whereas if a man gets unqusuífied advice it ultimately leads him to the Courts. no good to stifle a man's leave to appeal. It is wrong on principle. There may be cases where he ought to be allowed to appeal
It does
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(c.) A proviso that on the Morgagor paying "to the Mortgagee the principal money (with. "out interest) and all costs lawfully due to the Mortgagee in respect of the mortgage the Morgagee will at the request and cost of the “Mortgagor release the mortgaged property to the Mortgagor as in this Ordinance is provided.
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Hon. COLONIAL SECRETARY-In the land Ordinance there are precedents for both these clauses. The right for leave to appeal in these clause is for property worth £500. point is that speculators in land who have money will be able to go to the Supreme Court on appeal, and those who have not money will of legal advice. probably get the worst It is taking away the right to appeal on very small amounts, under $2,000. I think, myself, there should be no power to appeal except in some cases.
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"(d.) A proviso that the Mortgagor shall not be entitled to redeem the mortgage except on giving three months' previous notice in "writing to the Mortgagee of his intenti ** to do.
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Hon. Dr. Ho KAI-The Chinese calendar months. It is not the solar months but the lunar months.
HIS EXCELLENCY-The exact months are not the lunar months ?
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No comments yet.
Private notes are available after approval.