Custom, Land and Livelihood in Rural South China: The Traditional Land Law of Hong Kong's New Territories, 1750–1950

Japanese Period (1941–1945) Deeds (Deeds 83–94)

Japanese Period (1941–1945) Deeds (Deeds 83–94) Deeds Relating to the Absolute Sale of Rice-Land (83) White Deed for the Absolute Sale of Rice-Land (Ngong Wo), 1942 立賣斷禾田契人，昂窩村劉生，今緣家中急用，殊苦無資，遂夫妻及子商 議，願將先祖遺下禾田壹處土名芋夾朗，大小六塊，實種壹斗八升正。先 招房親人等，皆不允承接。後自行到沙角尾村，請托中人劉甲，引至沙角 尾村何氏子曾火生，入首承買。當時三面言明，田價銀叁佰叁拾大員港 銀。立契之日，其銀一齊交足與劉生接回家中應用。其田亦即日踏過點明 田 ，與何氏子曾火生耕種為永遠 管業。而劉生永不能收贖之期，一賣百 斷。此乃大家情願，誠非迫成，但恐後無 憑 ，故特立實為據 立賣斷禾田契人昂窩村劉生 在場見證人昂窩劉華 代筆人劉樹根 又在場見証人劉甲 民國叁拾壹年四月初七日立 This deed for the absolute sale of rice-land is issued by Lau Sang, of Ngong Wo Village. Since his family is in desperate need, dying of privation and without resources, they, husband, wife, and sons, discussed together and agreed (to sell to others) the rice-land they inherited from their ancestors at the place called Wu Loi Long, six pieces of land in all, larger and smaller, measuring 1.8 tau tsung exactly. The land was Àrst offered to the members of the immediate descent line, and the rest, but none were willing to take it on. Then he himself went to Sha Kok Mei Village, and asked Lau Kap to act as middleman and to offer it to M. Ho and her son, Tsang Fo-sang, of Sha Kok Mei Village, to take it over by purchase. At 344 Customary Land Deeds that time, the three parties agreed the price for this rice-land should be $330, Hong Kong currency. On the day the deed was issued, the money was all handed over into the hands of Lau Sang for him to take home and use. The Àelds were the same day visited and the boundaries inspected, and they were handed over to M. Ho and her son Tsang Fo-sang, to plough, plant, and manage forever. Lau Sang can never redeem these Àelds, no matter at whatever date: this is an absolute sale. This is an agreement between everyone concerned, and there has been no pressure applied. Fearing that a verbal agreement has no force, this deed has been issued as evidence. Lau Sang, of NgongWoVillage, who issued this deed for the absolute sale of rice-land Witness at the scene, Lau Wa, of Ngong Wo Writer of the deed, Lau Shue-kan Also a witness at the scene, Lau Kap Issued in the 31st Year of the Republic [1942], 7th Day, 4th Moon (From the collection of Dr J. W. Hayes, copy deposited in the Public Records OfÀce as HKMS 99 1/2) Note: See Chapter 9. Ngong Wo is a small village about half-a-mile east of Wo Liu (see Map 4). The wife of the vendor was involved in the family council, presumably as the potential trustee for an infant son. The purchaser must also have been a minor at the date of the transaction , with his mother, M. Ho, as his trustee. The market price quoted is $183.30 per tau tsung. (84) White Deed for the Absolute Sale of Hill-paddy (near Sai Kung Market), 1942 立賣輋數人劉國永，今因家中無銀應用，自己願將先父遺下輋一塊，土名 躉場，意議[?]出賣。請中人問到本街劉義妻，徐月娣出受承買。就日三面 言定，港紙壹佰叁拾伍圓正。即日經中銀契两交明白。其銀係劉國永親手 接用，並無債貨準折等情。此係两家允意，並無迫勒。亦[?]其輋自賣以 後，交予劉義妻徐月娣永遠管業開耕。以後劉國永無權爭取，一賣千秋， 永無收贖。恐口無憑，立此賣離輋業為據 代筆人王火勝 出賣輋業人劉國永 中人劉國榮 承賣輋業人劉義 徐月 華民國卅一年八月十八日 Japanese Period (1941–1945) Deeds 345 This deed for the sale of hill-paddy is issued by Lau Kwok-wing. Since he is out of money to spend in his household, he decided to sell the hill-paddy he had inherited from his deceased father at the place called Kot Cheung. He asked a middleman to offer it to M. Tsui Yuet-mui, wife of Lau Yi of this market, to purchase it and take it on. The same day the three parties agreed verbally on 135 Hong Kong dollars. The same day the purchase price and the deed were both handed over by the middleman , clearly and openly. The money is in Lau Kwok-wing’s hands for him to use, and there has been no fraud or anything of the sort. The two families have agreed, and there was no pressure applied. Furthermore, after the sale of this hill-paddy, it is for M. Tsui Yuet-mui, wife of Lau Yi, to manage it and open it for ploughing, for ever. Hereafter, Lau Kwok-wing has no power of control: this is an absolute sale and there can be no redemption. Fearing that a verbal agreement has no force, this deed for the sale of hill-paddy is issued as proof. Writer of the deed, Wong Fo-shing Seller of the hill-paddy, Lau Kwok-wing Middleman, Lau Kwok-wing Purchaser of the hill-paddy, Lau Yi, Tsui Yuet 31st Year of the Republic of China, 18th Day, 8th Moon [1942] (From the collection of Dr J. W. Hayes, copy deposited in the Public Records OfÀce as HKMS 99 1/3) Note: Sai Kung Market lies in the centre...