REQUISITIONING OF LAND FOR NAVAL, MILITARY OR AIR FORCE REQUIREMENTS IN CHINA - KINGS REGULATIONS NO. 7 OF 1927

CHINA

NOTICE.

Whereas the Minister is of opinion that special circumstances exist which necessitate the exercise of power conferred upon him to make Regulations for the requisitioning for the purposes of the requirements of His Majesty’s Naval Military or Air Forces in China of land or property belonging to British subjects or British Companies and for purposes ancillary thereto:

The Following Regulations, made by His Majesty’s Minister, and hereby declared to be urgent, are published for general information.

Miles W. Lampson.

His Britannic Majesty’s Minister

Peking, 15th October, 1927.

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King’s Regulations made under Article 209 of “The China Order in Council, 1925” and “The China (Amendment) Order in Council, 1927”

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                                           No.7 of 1927.

Regulations for the requisitioning of land for the purposes of the requirements of His Majesty’s Naval Military or Air Forces in China.

1. In these Regulations -

“ A competent Naval Military or Air Authority” means any commissioned officer of His Majesty’s Naval Military or Air Forces in China authorized thereto in writing by the Naval Commander-in-Chief of His Majesty’s Ships and Vessels, China Station, or by the General officer Commanding His Majesty’s Military Forces in China.

“British subject” includes British Company.

“Land” includes any interest in land and any building or part of a building, any pier, Jetty, or other structure on the shore or bed of the sea or any river. and any easement or right over or in relation to land.

2. It shall be lawful for a competent Naval Military or Air Authority, where for the purposes of the requirements of His Majesty’s Naval Military or Air Forces in China it is necessary so to do -

1. 1. to enter upon or take possession of any land belonging to a British subject and of which a British subject is entitled to the exclusive possession;
   2. To continue in possession of such land for any period not exceeding twelve months from such date as the Minister may be notice under his hand  determine as the date of the cessation of special circumstances which necessitate the exercise of the power of requisition, provided that the said period of twelve months may be extended in particular cases by the Supreme Court, on due cause shown, for a further period not exceeding twelve months.
   3. To cause any building or other work to be erected or constructed on over or under such land, and to remove the same without the consent of any person interested in the land, any law or custom to the contrary notwithstanding;
   4. To do any other act involving interference with private rights of British subjects in respect of land which is necessary or the aforesaid purposes.

3. After a competent Naval Military or Air Authority has issued a notice that he has taken or intends to take possession of any land in pursuance of these Regulations, and British subject interested in such land who -

1. 1. Without the consent of the competent Naval Military or Air Authority sells, transfers, leases, subleases or surrenders the whole or any part thereof, or does ant set disentitling a British subject to the exclusive possession of the whole or any part thereof; or
   2. Within the time specified in such notice fails to give up vacant possession of the whole or any part thereof;

    Shall be guilty of an offense against these Regulations.

4.     

1. 1. any person has incurred or sustained any direct less by reason of interference with his property or business through the exercise or purported excise of any of the powers conferred by these Regulations shall be entitled to payment or compensation in respect of such loss or damage, and such payment or compensation shall be assessed on the principles and by the tribunal hereinafter mentioned, and the decision of that tribunal  shall be final; provided that -

1. 1. 1. The providing as to the statement of a case in any enactment relative to arbitration shall not apply to the tribunal, but if either party feels aggrieved by any direction or determination of the tribunal on any point of law, he may, within the time and in accordance with the conditions prescribed by rules of procedure, appeal to the Full Court;
      2. Nothing in this article shall confer on any person a right to payment or compensation unless notice of the claim has been given to the tribunal in such form and manner as the tribunal may prescribe within one year from the date when cessation of occupation of, or interference with, the property giving rise to the claim took place.
   2. the payment or compensation shall be assessed in accordance with the following principles:

The payment or compensation to be awarded shall be assessed by taking into account only the direct loss or damage suffered by the claimant by reason of direct and particular inference with his property or business, and nothing shall be included in respect of any loss or damage due simply and solely to the general conditions prevailing in the locality, or in respect of loss or more pleasure or amenity.

0. 3. Where any claim for payment or compensation has been made and disposed of agreement, or any payment (other than a payment expressed to be made on account) has been accepted in respect thereof. No claim for payment or compensation or further payment or compensation under these Regulations shall be brought.

5.

1. 1. The tribunal aforesaid shall be styled “The Compensation Court”, shall be constituted by the Judge or Assistant Judge of the Supreme Court sitting with two Assessors. The Assessors shall assist the Judge or Assistant Judge, as the case may be, with such information and advice as he may require, but the responsibility of the decision on any claim shall rest solely with the Judge or Assistant Judge, as the case may be.
   2. If for any reason neither the Judge nor Assistant Judge is available, it shall be lawful for the minister to appoint a Consular officer entitled to hold a Provincial Court to take the place of the Judge or Assistant Judge.
   3. The Compensation count may sit in more than one division at the same time, and in any such case anything which may be done to, by or before the court may be done to, by or before any such devision of the court.
   4. The Compensation Court shall have as regards the attendance of witnesses, the production of documents, and the administration an oath, the same powers and privileges as the Supreme Court, and shall have power to and assess such sums by way of costs as it may in its discretion think fit.
   5. The Court may at any time make an interim award in respect of any claim brought before it if it appears to  the Court equitable in the circumstances so to do.
   6. The Judge shall appoint a panel of persons, being British subjects with special local knowledge in the valuation of land, to a number not less than four nor more than twelve, to act as Assessors for the purposes of these Regulations, and any person so appointed shall hold office at the pleasure of the Judge.
   7. The selection of Assessors for Attendance at the Compensation Court shall be made in such manner as may be prescribed by rules of procedure.

6  These Regulations may be cited as “The Requisitioning of Land (Naval Military or Air Force Requirements) Regulations, 1927.

Miles W. Lampson.

His Britannic Majesty’s Minister

Peking, 15th October, 1927.

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Miles Wedderburn Lampson, 1st Baron Killearn, GCMG, CB, MVO, PC (24 August 1880 – 18 September 1964)

REQUISITIONING OF LAND FOR NAVAL, MILITARY OR AIR FORCE REQUIREMENTS IN CHINA - KINGS REGULATIONS NO. 7 OF 1927

HKRS58-1-143-30
CSO 572/1928