FORESHORES AND SEA BED ORDINANCE, 1901

FORESHORES AND SEA BED ORDINANCE, 1901

No. 15 of 1901.
An Ordinance to validate Crown leases of foreshore and
submerged lands for reclamation, and to facilitate the
making of such leases.
[5th October 1901.]
WHEREAs divers Crown leases of portions of the foreshore and sea
bed have been granted by the Governor in the name and on behalf
of His Majesty and of Her late Majesty Queen Victoria, for reclarna-
tion -and- other purposes ; AND WHEREAS doubts have arisen as to
how far some of such leases or agreements for such leases are valid
and effectual for the purposes for which they were made, and it is
expedient to remove such cloubts, and also to make provision for the
making of such leases and agreements in the future:-

1. This Ordinance may be cited as the Foreshores and
Sea Bed Ordinance, 1901.

2. All Crown leases of any portions of the foreshore or of
the sea bed and all agreements for the grant of such leases,
heretofore made by the Governor, shall be deemed to have
been and to be as valid and effectual for all intents and
purposes as if they had been duly made under the provisions
of this Ordinance : Provided that this section shall not be
deemed in any way to affect the Crown lease of Lantao
Marine Lot No. 2.

3 - It shall be lawful for the Governor to grant and to
agree to grant such Crown leases for any term not exceeding
seventy-five years, or for such longer term as the Secretary
of State may authorise, of the foreshore and sea bed within
the limits of the waters of the Colony, and of Crown land
covered with water in any tidal river or channel connected
with such waters, as may be declared by the Governor in
Council to be expedient to be granted for the purpose of
reclamation, harbour improvement, or building, or for the
construction of. docks, slips, piers, or wharves, or in view of
the requirements of manufactures, con-inierce, or traffic, or
for any other purpose whatsoever: Provided always that,
before any such declaration is made, the terms of the lease
proposed to be made, with 5 description of the property
intended to be demised, shall be inserted in every ordinary

As amended by Laiv Rev. Ord., 1924. This Ordinance does not allect the
provisions oftliePrayztEastlteclLinatioti Ordinance, 1921. SeeNo.17of1921,
s. 15.
As amended by Law Rev. Ord., 1924.





issue of the Gazette dnring a period of one inonth and
shall be published by proclamation in the Chinese language,
which proclamation shall bc publicly posted in soine suitable
place rtear the site of the said property, together with a notice
calling upon all persons having objections to Ihe granting
of such lease to send in their objections in writing to the
Colonial Secretary before the expiration of the said period of
ont. nionth, and all such objections shall be duly considered
bythe Governor in Council: Provi (led, also, that this section
shall not be deemed to authorise the grant of any Crown
lease which would derogate from or be inconsistent with the
special rights of sea access, if any, of any holder of any
lot, holding under a Crown lease, without the consent of such
holder.
* So much of the provision of this section as requires the.
insertion in the Gazette of the terms of the Crown leases
proposed to be made under this Ordinance with a description
of the property intended to be demised shall. not apply in
respect of such leases as rnay hereafter be granted of any
portions of the foreshore, sea bed, and submerged land as
are situated in or contiguous to the New Territories.

4. Every Crown lease made under the provisions of this
Ordinance shall specify the purposes for which the land is
leased, and shall be deemed to demise to the lessee the fore-
shore or sea bed included in such lease free and discharged
from all rights, privileges, profits-a-prendre, and easements,
whether public or private, which may have existed or may
be claimed in or over such foreshore and sea bed, so far as
is necessary for carryiDg out the salid purposes, and shall
contain-
(1) a proviso that, in the event of the lessees, their executors,
administrators, and assigns or successors, as the case inay
be, failing, at any time during the continuance of the term
of the lease, to use the demised land for the purposes so
specified, without the previous licence or consent of His
Majesty, or his assigns, sighified in writing by the Governor,
then it shall be lawful for His Majesty, or his assigns, by the
Governor or by any officer authorised by him in writing, to
re~enter on such land, foreshore, and sea bed, or on any
portion thereof in the name of the whole, and thereupon the
same shall be forfeited to and vest in the Crown
(2) such covenants and provisos as may be approved in
each case by the Governor in Council with regard to the

construction and use of any works to be made and done upon
the said land. and as to the tirne within which such works
shall be commenced and completed; and

(3.) a reservation to the Crown of all mines and minerals
under the demised lands.

5. Sections 3 and 4 shall not apply to any agrant,or
demise, by the Crown of the right of erecting and maintaining,,
or to any permit to erect and maintain, any pier or wharf in,
upon, over, across, and above Crown foreshore, sea bed, or
Crown land covered with water. All such grants, demlses,
and permits may be made or granted by the Crown subject,
Where applicable, to the provisions of the Rers Ordinance,
1899, and shall not be deemed to infringe ally public rights
or alleged public rights of navigation or fishing.
Provided that nothing in this section shall be deemed to
derogate from the special rights of sea access (if any) of ally
hoilder of any marine lot holding under a Crown lease.

6. All piers erected since the 5th clay of October, 1901,
with the permission of the Government, shall be deemed to
have been legally erected and may be maintained in accord-
ance with the terms of the grant, dernise, or permit.

7. Nothing in this Ordinance shall be in derogation of
any of, the powers or rights of the Crown in respect of the
foreshore or of the waters of this Colony.
[Originally No.21 of 1901. Law Rev. Ord., 1924.] Short title. Validation of former crown leases of foreshore and sea bed. Power to grant Crown leases of foreshore and sea bed in future. Effect and contents of lease under the Ordinance. Sections 3 and 4 not to apply to certain cases. Ordinance No. 11 of 1899. Piers erected since 5th October, 1901, to be deemed legally erected. Saving of powers and rights of the Crown.

[Originally No.21 of 1901. Law Rev. Ord., 1924.] Short title. Validation of former crown leases of foreshore and sea bed. Power to grant Crown leases of foreshore and sea bed in future. Effect and contents of lease under the Ordinance. Sections 3 and 4 not to apply to certain cases. Ordinance No. 11 of 1899. Piers erected since 5th October, 1901, to be deemed legally erected. Saving of powers and rights of the Crown.

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