HARBOUR OF REFUGE ORDINANCE, 1909

HARBOUR OF REFUGE ORDINANCE, 1909

No. 39 of 1909.
An Ordinance to authorise the construction and maintenance
of a harbour of refuge at taikokstui, mongkoksui, and yaumati

[12th November, 1909.]

1. This Ordinance may be cited as the harbour of Refuge
Ordinance, 1900.

2.-(1) It shall be lawful for the Governor to construct
and maintain upon and over the bed of the sea and foreshore
between the south-western corner of Kowloon Marine Lot
No. 32 and the north-western corner of Kowloon Marine Lot
No. 49 at Taikoktsui, Mongkoktsul, and Yaumati, the works
authorised by this Ordinance within the limits shewn and
delineated in red upon a plan signed by the Director of
Public works and countersigned by the Colonial Secretary,
dated the 11th day of November, 1909, and deposited in the
Works Office.

(2) The Governor may make such alterations in the said
works as he may deeni expedient so long as such works
do not extend. beyond the limits shewn by red chain-dotted
1Mes oii the said plan and. marked Harbour of Refuge
Boundary , and do not when completed interfere with
direct access to the sea along the whole of the western
frontages of Kowloon marine Lots. Nos. 32 and 49: Provided
that the sea-wall protecting any reclamation of the foreshore
or sea bed adjoining and lying to the south of Kowloon
marine, lot No. 32 shall not be altered so as to extend to the
westward of the position shown on the said plan.

(3) During the construction of the said works, such
cofferdanis, stagings, and other accessory works as may be
necessary or convenient, for the exectition of the said works,
may be temporarily constructed and maintained within the
limits specified in sub-section (2).

3. A duplicate of the said plan signed and countersigned
is aforesaid shall be deposited In the Land Office.

4. The worles authorlsed by this Ordinance comprise the
following:--

* As amended by law Rev. Ord., 1924.





(1) The constructing of a detached rubble-mound break-
water commencing at a point about 1,000 feet south by east
of the south-western corner of Kowloon Marine Lot No. 32,
and terminating at a point about 900 feet west by north
of the north-western corner of Kowloon marine Lot No. 49;
the said breakwater to be constructed entirely on the sea
bed of the harbour.

(2) The constructing of a masonry jetty commencing at
the western end of Saigon Street, and terminating at n Point,
about 450 feet west by north of the point of commencement;
the said jetty to be constructed on the foreshore and sea bed
of the harbour.

(3) The reclaiming of a portion of the foreshore or sea
bed adjoining and lying to the south of Kowloon Marino
Lot No. 32, and the protecting of the area so reclaimed by
means of walls and other necessary works.

(4) The levelling and reclaiming of tho area of Crown
land, foreshore or sea bed bounded as follows: on the
north by Public Square Street; on the east by Reclamation
Street, Kowloon Inland Lots Nos.563 and 562, and Canton
Road; on the south by Kowloon Inland Lots Nos. 555 and
559, Battery Street, Kowloon Inland Lots Nos. 563 and 565,
Canton Road, and Saigon Street; and on the west by
imaginary lines connecting a point, on the north side of
Saigon Street and about 250 feet distant from the west side
of Canton Road with a point on the south side of Public,
Square Street and opposite to the south-western corner of
Kowloon Marine Lot No. 39.

5. It shall be lawful for the Governor to remove, destroy,
divert, stop up, raise, lower, inclose, or otherwise alter stich
streets, drains, sewers, vacant ground, wharves, piers, land-

ing places, rails and other things as may, in the discretion
of the Governor, be necessary or desirable for the purpose
of effecting the works authorised by this Ordinance.

6. The Governor shall maintain the said refuge works
out of moneys to be provided from the general revenue.

7. So far as the said works (including any accessory
works) have heretofore been constructed and maintained,
such construction and maintenance is hereby validated.





8. All public and private rights of navigation or fish-
ing, and all public and private rights of access, user,
possession or occupation, and all other public or private
rights (if any) in, upon, and over such portions of the
land, sea bed and foreshore as are or shall be occupied
by the said works, are hereby determined, and shall be
deemed to have ceased to exist prior to the commencement
of the said works.

9. Nothing in this Ordinance shall be in derogation of any
of the powers or rights of the Crown in respect of the said
sea bed and foreshore.

10. The land, sea bed and foreshore levelled or reclaimed
under this Ordinance is hereby declared to be absohitely the
property of the Crown, from any restriction whatever,
and may be dealt with and disposed of as any other Crown
land.

11. Nothing in this Ordinance shall be deemed to recognise
any foreshore rights whatever against the Crown, nor shall
anything in this Ordinance be deemed to affect any right or
claim as between lessees and sub-lessees or tenants inter se.

12.--(1) Any of the persons whose names appear in the
Land Office as the registered. owners of Kowloon Marine Lots
Nos. 29, 30 or 31, or of any section or sub-section having a
frontage on Reclamation Street of either of the said lots or of
Kowloon Marine Lot No. .32 (wbo are hereinafter referred to
as the claimants) shall, if they deem that their property may
be injuriously affected by reason of its access to the sea being
interfered with by the works authorised by this Ordinance,
on or before the 31st day of December, 1909, deliver to the
Director of Public Works particulars in writing of such
injurious affecting and of their claims in respect thereof, and
the Governor may, if he thinks fit, award to any such
claimant such a sum of money, or such a Crown lease of any
portion of the area to be levelled and reclaimed under the
authority of this Ordinance, as he may in his discretion think
sufficient as and by way of compensation for any such

* As amended by Law Rev. Ord., 1924.






injurious affecting, and the Director of Public Works shall
notify my such claimant in writing of the amount or crown
lease so awarded.

(2) The Governor may instead of awardingany compensa-
tion under this section enter into an agreement with any
claimant for the compromise or settlement of any claim as
the Governor may think fit.

(3) Whenever any claimant shall be dissatisfied with the
compensation awarded by the Governor under this section,
such claimant May within four weeks from the date of such
notification as aforesaid notify the Director of Public Works
in writing accordingly, and the Governor shall refer stich
claim. with the particulars thereof to one of the judges,
Such judge shall hear any evidence which either the Director
of Public Works or the claimant may wish to tender and, if
so desired, hear counsel or solicitors on behalf of the Crown
and the claimant, and shall determine the amount of coin-
pensation, if any, to be paid to any such claimant for any
such injurious affectiny as is described in sub-section (1),

and may award costs in his discretion either for or against
the Crown or for or against any parties claiming compensa-
tion, such costs in case of difference to be settled by the
Registrar of the Supreme Court.

(4) No appeal shall he from any award or decision of a
Judge under this section.

13. For the purposes of the hearing of any claim for com-

pensation, such judge shall have powers similar to those
vested in the Supreine Court on tho occasion of any action in
respect of the following matters:-

(a) enforcing the attendance of witnesses and examining
them upon oath, or otherwise;

(b) compelling the production of documents

(c) punishing persons guilty of contempt;

(d) ordering inspection of any premises. and

(e) entering upon and viewing of any premises.
[Originally No. 39 of 1909. Law Rev. Ord., 1924.] Short title. Authority to construct and maintain certain harbour of refuge works. Duplicate plan. Works authorised. Power of Governor for purposes of effecting works. Maintenance of works. Past work legalized. Determination of public and private rights. Saving of rights of the Crown. Property in reclaimed foreshore and sea bed vested in Crown. Foreshore rights not recognised. Provision for claims for injurious affecting of certain Marine Lots. Powers of judge in claims for compensation.

[Originally No. 39 of 1909. Law Rev. Ord., 1924.] Short title. Authority to construct and maintain certain harbour of refuge works. Duplicate plan. Works authorised. Power of Governor for purposes of effecting works. Maintenance of works. Past work legalized. Determination of public and private rights. Saving of rights of the Crown. Property in reclaimed foreshore and sea bed vested in Crown. Foreshore rights not recognised. Provision for claims for injurious affecting of certain Marine Lots. Powers of judge in claims for compensation.

https://oelawhk.lib.hku.hk/items/show/1242

1923

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No. 39 of 1909

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