PRAYA EAST RECLAMATION ORDINANCE, 1921

PRAYA EAST RECLAMATION ORDINANCE, 1921

No. 13 of 1921, repealed by No. 14 of 1922.

No. 14 of 1921, Incorporated in No. 10 of 1900.

No. 15 of 1921, repealed by Law Revision Ordi-
nance, 1924.

No. 16 of 1921, incorporated in. No. 7 of 1913.

No. 17 of 1921.

An Ordinance to provide for the reclaviation of the fore-
shore and sea bed off Praya East, Victoria, in the
Colony of hongkong.
[9th September, 1921.]

1. This Ordinance may be cited as the Praya East
Reclamation Ordinance, 1921.

2.-(1) It shall be lawful for the Governor to carry out
the following works:-

(a) the reclamation of the foreshore and sea bed off Praya
East in accordance with the plan dated the 1st day of
June, 1921, signed by the Director of Public Works, and
deposited in the Land Office; and
(b) all accessory works which may be necessary or desir-
able for or on account of the construction of the said
reclamation and the adaptation of the adjoining areas.
(2) Such accessory works shall include the following:-

(a) closing, or diverting, narrowing, widening, raising,
lowering or otherwise altering, permanently or temporarily,
drains, sewers, and public thoroughfares;
(b) diverting, raising, lowering or otherwise altering,
permanently or temporarily, tram lines, water mains, gas
mains, and overhead and underground electric lines and
cables ;

(c) obtaining material for the purpose of constructing
the said reclamation, and conveying such material to the
reclamation area in any manner whatsoever;

As amended by Law Rev. Ord., 1924.





(d) constructing, maintaining and running temporary
construction tramways, whether aerial or on. the ground
level, or on staging, or otherwise, and constructing, main-
taining and running such tramways over, under or across
the lines of the Hongkong Tramway Company Limited;

(e) erecting temporary buildings and piers, and sdaing
up and running mechanical contrivances of all kinds for the
purpose of constructing the said reclamation;

(f) reclaiming the areas marked X and Y on the plan
feferred to in sub-section (1) (a) ;

(g) demolishing and reconstructing certain buildings and
boundary walls and other contingent works rendered neces-
sary by the surrender to the Colonial Government of a
portion of the Royal Naval Arsenal Yard as shown on the
said plan;

(h) forming, kerbing, channelling and surfacing the new
portions of roadway west of Anton Street;

(i) all such kerbing, channelling and surfacing, the con-
struction of all such drains, sewers, water mains and fittings,
and the carrying out of all such other works as may be
required in order to render the areas allotted to the Marine
Lot owners or to the Government of Hongkong available for
the erection of buildings;
(j) removing and permanently o temporarily altering piers

and landing places, and building new piers and laading
places
(k) filling in Bowrington Canal; and

(l) any other work whatsoever which the Governor in his
discretion may consider to be, or to have been, necessary or
desirable for the purpose of effecting the general intention of
this Ordinance.

(3) All such Works, including all accessory works, are
hereinafter referred to as the authorised works.

(4) Any work carried out before the commencement of
this Ordinance, which either was, in the opinion of the
Governor, carried out in contemplation of an intended
reclamation of the foreshore off Praya East, or is hereafter
adopted by the Governor and made use of for the reclamation
contemplated by this Ordinance, is hereby legalized and
validated for all purposes is if it had been carried ont under
this Ordinance.





(5) Except as in this Ordinance provided, no person what-
soever shall be entitled to any reduction of Crown rent, or to
any damages or compensation whatsoever, in respect of any
depreciation or injurious affecting of his property or business
resulting, directly or indirectly froni the carrying out of any
of the ahthorised works.
(6) The powers conferred by this Ordinance shall be in
addition to, and not in derogation of, any other powers
possessed by the Governor, or Governor in Council, or any
public officer.

3.-(1) The Governor shall decide from what sources
the materials required in carrying out the said reclamation
are to be obtained, and shall have full control over the
execution of all the authorised works and over all persons
employed in connexion therewith, and may appoint such
persons as he may think fit to execute such works, and may
determine the remuneration and conditions of empolyment
of such persons.
(2) The carrying out of the said reclamation when begun
shall as far as may be practicable be proceeded with continu-
ously until all the works in connexion therewith shall have
been completed, and the financial embarrassment of any of,
or of all, the parties concerned shall not be considered by
the Governor as a reason for delaying or in any way interfer-
ing with the progress of the whole or any portion of the said
works.
(3) In carrying out the said reclamation, it shall be lawful
for the Governor to deviate in respect of details to -any extent
that shall not materially alter or affect the general design
set forth in the said plan.

4.-(1) Subject to the provisions of sub-sections (2) and (13),
and to the rights of the Government of Hongkong, the only
persons entitled to participate in the reclamation scheme
herein set forth shall be the following persons :-

(a) those persons who are registered in the Land Office at
the commencement of this Ordinance as the owners of Marine
Lots abutting on Praya East or of such portions of Marine
Lots abutting on Praya East as themselves abut on that
street : Provided that the persons who are so registered, and

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





their predecessors in title, shall not before the commencement
of this Ordinance have parted with the right to participate
in any such reclamation scheme as that herein set forth;
(b) those persons who, though not registered in the Land
Office at the commencement of this Ordinance as the owners
of Marine Lots abutting on Praya East or of any portions
thereof so abutting, shall, before the commencement of this
Ordinance, have reserved to themselves on the sale of such
lots or such portions thereof the right to participate in any
such reclamation scheme as is herein set forth, and shall not
before the commencement of this Ordinance have parted
with the said right to any other person;
(c) those persons who, before the commencement of this
Ordinance, shall have acquired the. right to participate in
any such reclamation scheme is is herein set. forth by pm-
chase, from the owners of Marine Lots abutting on Praya
East or of portions thereof so abutting, and who shall not

before the commencement of this Ordinance have parted with
the said right to any other person.
(2) Even, person who Is entitled to participate in the
reclamation scheme herein set forth under the provisions of
sub-section (1) (b) or (c) shall in the carrying out of the said
scheme be treated throughout as if he had been at the com-
mencement of this Ordinance registered as the. owner of the
Marine Lot or portion thereof, on the sale of which the right
of participation was reserved, or from the owner of which
the right of participation was acquired, as the case may be.
(3) If before the expiration of three months from the com-
mencement of this Ordinance any person who is entitled to
participate in the said reclamation scheme under the provi-
sions of sub-section (1) (a), and who has not entered into the
agreement referred to in sub-section (5), ceases to be the
owner of the area on which his qualification so to participate
rests, or of any part of such area, the person who for the
time being is entitled forthwith to become or, if there is no
such person, the person who for the time being actually is,
the registered owner of such area or portion thereof shall
be entitled to participate in the said reclamation scheme,
provided that the area of which he is, or is entitled to be,
the registered owner, actually abuts on Praya East.
(4) If before the expiration of the said period of three
months any person who was at the commencement of
this Ordinance entitled to participate. in the said reclamation





scheme under the provisions of sub-section (1) (b) or (c), and
who has not entered into the agreement referred to in sub-
section (5), parts with the said right of participation to any
other person, the person to whom the said right of participa-
tion shall for the time being belong shall thereupon be
entitled to participate in the said scheine in all respects
as if he had reserved or acquired the said right before the
commencement of this Ordinance.

(5) Every person who is entitled to participate in the said
reclamation scheme, and who desires to do so, shall within
three months after the commencement of this Ordinance
attend at the Land Office and enter into an agreement in the
form of the agreement in the Schedule.

(6) If any person who was entitled to participate in the
said reclamation seheine shall have failed to execute the said
agreement within the said period of three months, such
person shall cease to have any right to participate in any
way in the said reclamation scheme, and such person shall
have no claim to any damages or compensation either in
respect of his former participation rights or in respect of any
depreciation or injurious affecting of his property or business
resulting directly or indirectly from the carrying out of any
of the authorised works: Provided that the Governor in
Council may. award to such person such sum of money as he
may in his absolute discretion think fit by way of compensa-
tion for any such depreciation or injurious affecting.

(7) All persons who are. entitled to participate in the said
reclamation scheme and who execute the said agreement are
in this Ordinance referred to as Marine Lot owners.

5.-(1) The cost of the reclaniation shall be defrayed front
a fund to be provided by the Marine Lot owners and the
Government of Hongkong.

(2) The Government of hongkong shall contribute to the

said fund a sum which shall bear the same proportion to the
total cost as the areas allotted to the Government of hong-
kong shall bear to the total area allotted.


(3) Each Marine Lot owner shall contribute to the said
fund a sum which shall bear the same proportion to the total
cost as the areas allotted to him. shall bear to the total
area allotted.





(4) For the purposes of this section, the following shall
not be deemed to be areas allotted to the Government of
Hongkong :-

(a) thoroughfares, piers, and landing places; and

any area which is to the southward of Praya East.

6.-(1) The cost of the reclamation which is to be defray-
ed out of the said fund shall include the following:-

(a) the cost of the authorised works (including the
salaries and wages of the staff and workmen, payments to
contractors, and also including any extraordinary expense
due, in the opinion of the Governor, to any storm, unfore-
seen difficulty, legal proceeding, or other cause whatsoever),
In so far as such cost is not borne by the owners of any
tram line, gas main, or electric. line or cable, which may be
diverted or altered
(b) the following sums expended by the Government of
Hongkong before the commencement of this Ordinance

Raising of level of praya
East roadway ....... $56,9933. 79

Cost of surveys ......7,703.05

Diversion dnd alteration
of certain drains 2,903.03
Raising of certain ground
floors and foot-paths 10,543.35

$78,143.22

(c) any further sums which, in the opinion of the Gover-
nor, have been expended by the Government of Hongkong
before the commencement of this Ordinance on salaries or
wages paid, or on payments for work executed, or for
buildings taken over, in anticipation oland for the purpose
of the said reclamation.

7.-(1) The land reclaimed under this Ordinance shall
be laid out as nearly as possible as set forth on the plan
referred to in section 2 (1) (a).

As amended by Law Rev. Ord., 19ñ4.





(2) The areas allotted to the respective, Marine Lot
owners shall be as nearly as possible as set forth in the
statement to accompany the said plan which is dated the
1st day of June, 1921, signed by the Director of Public
Works, and deposited in the Land Office: Provided that if
any area which forms the qualification for a right to partic-
ipate in the said reclamation scheme shall have been
sub-divided before the ascertainment of the respective
Marine Lot owners, the reclaimed areas shown in the said
plan. and statement as to be allotted in respect of such first-
nientioned area shall be sub-divided in proportion to the
frontage on Praya East of the sub-divisions of such first-
mentioned area.
(3) The areas coloured red on the said plan and marked
thereon, 1, 2 & 3 , 28A , and 15A & 41 A , and
the area margined in red on the said plan, and the streets
coloured yellow on the said plan, shall be allotted to the
Government of Hongkong.
(4) if the Government of Hongkong shall acquire tha
participation rights of any person who is entitled to part-
pate in the said scheme, the reclamation areas which w
have been allotted to such person shall be allotted to, the
Government of Hongkong, and the proportion of cost

attributable to such areas, and the amount of any com-
pensation which may be pald to such person, shall be borne
and paid by the Government of hongkong.
(5) Upon the due performance by a Marine Lot. owner
and his successors in title (if any) of all the obligations
imposed upon him and them by this Ordinance, the Gover-
nor shall grant to the Marine Lot owner or to his successor
in title a Crown lease of the reclamation areas allotted to
the said Marine Lot owner or his successor in title :
Provided that, if there is any variation in superficial area
between the said plan and statement and the areas available
and actually allotted, the lease shall be of the areas actually
allotted, and the Governor shall alter accordingly the total
contribution of the Marine Lot owner.

8.-(1) Every person who is entitled, and who desires, to
participate in the said reclamation scheme shall, before
executing the agreement referred to in section 4 (5), deposit
with the Hongkong and Shanghal Banking Corporation, in

As amended by Law Rev. Ord., 1924.





an account to be opened at the said bank and to be called
the Piaya East Reclamation Account, a sum equal to twenty-
five per cent of the amount of the estimated cost attributable
to him as such cost is shown in or ascertained by the state-
ment referred to in section 7 (2), and subject to the provi-
sions of sub-section (3) of this section any interest which
accrues on such deposit shall be paid to such person upon
all the obligations imposed by this Ordinance upon him and
his successors in title (if any) being discharged.

(2) Every Marine Lot owner shall pay into the said account
towards the cost of the reclamation, in each, case within
seven-days after the posting of the registered letter contain-
ing the call, such sums as the Director of Public Works
may from time to time call upon him to pay: Provided that
pending the ascertainment of the actual cost of the reclama-
tion the total amount of such calls, together with the deposit
referred to in sub-section (1), shall not exceed the estimated
cost attributable to such Marine Lot owner as such cost is
shown in or ascertained by the said statement.

(3) Every Marine Lot owner shall take. up the reclamation
areas allotted to him, and shall, within seven days after the
posting of the registered letter containing the notice referred
to in section 9 (2), pay for the said areas premium at the
rate of twenty-five cents per square foot, and shall take out
a Crown lease for the said areas forthwith when called upon
to do so.

(4) Every Marine Lot owner shall, immediately before
taking out the Crown lease for the areas allotted to him,
enter into an agreement, to be approved by the Land Officer,
and to be registered against such areas in the Land Office,
binding himself and his successors in title to pay all unpaid
or future calls which may have been or which may be made
under sub-section. (2) in respect of the said areas.

(5) If the person whose ditty it is to do so falls to pay
duly any call, or fails to take up duly the reclamation areas
allotted to him, or fails to pay duly the premium therefor,
or fails to take ont duly a Crown lease for the said areas, or
fails to enter duly into the agreement referred to in sub-
section (4), the deposjt referred to in sub-section (1) and any
interest accrued there6n, and all other moneys paid under
this Ordinance by him or his predecessors in title in respect
of the said reclamation areas, shall be forfeited to the Crown,





and the said person shall cease to have any rights whatso-
ever to or in respect of the said areas, which shall thereupon
be allotted to the Government of Hongkong.

(6) If any Marine Lot owner disposes of any of or all his
rights to or in respect of the reclamation areas allotted or
to be allotted to him, he shall not thereby be relieved of any
of his obligations under this Ordinance, save only that if he
disposes of the whole of such rights he shall not be required
to take out a Crown lease for the said areas if he procures
the acceptance of the said Crown lease by sonie other person,
and the execution by such other person of the agreement
referred to in sub-section (4).

(7) If the interest of any Marine Lot owner in respect of
the reclamation areas allotted or to be allotted to him passes,
by operation of law, on death or on any other event, to any
other person, the duty of performing the obligations ex-
pressed in this Ordinance as imposed on the Marine Lot
owner, and the right to the Crown lease for the said reclama-
tion areas, shall pass to the person to whom the said interest
shall have passed.

9.-(1) The Crown leases of the reclamation areas shall
be in the usual form and shall be for the term of ninety-nine
years, commencing from a date to be ascertained as provided
for in sub-section (2), at a Crown rent of five hundred
dollars per acre, with the option of renewal for a further
term of ninety-nine years at a Crown rent to be fixed by the
Governor for the time being.
(2) The date from which the said first term, and the said
Crown rent, shall commence shall be the date of the posting
of a registered letter, addressed to the Marine Lot owner,
containing a notice from the Director of Public Works
stating that fhe said reclamation areas are at the disposal of
the said Marine Lot owner: Provided that (except at tbe
request of the Marine Lot owner) such notice shall not be
sent until in the opinion of the -Director of Public Works-

(a) such areas are in a condition suitable for the corn-
mencement of building operations, and

(b) the adjacent streets are in such a condition as to provide
reasonable mean of access to the said areas.

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





10. The calls referred to in section 8 (2), and the notice
referred to in section 9 (2), may respectively be made and
given, by or on behalf of the Director of Public Works, by
registered letter addressed to the Marine Lot owner at hi's
address in Hongkong as stated in the agreement referred to
in section 4 (5), or at his last-known address in the Colony.

11. A certificate under the hand of the Director of Public
Works shall be conclusive evidence for all purposes what-
soever of the date of posting of any call or notice provided
for in this Ordinance.

12. Whenever any question arises as to any decision or
opinion of the Governor under this Ordinance, a certificate
under the hand of the Colonial Secretary shall he conclusive
evidence of sach decision or oplulon for all purposes what-

13.(1) All the land and foreshore mid bed of the sea
included in the reclamation authorised or validated by this
Ordinance, and the creek marked Bowrington Canal on
the plan referred to in section 2 (1) (a), are hereby declared
to be absolutely the property of the Crown, free from any
restriction whatsoever, and, subject to the provisions of this
Ordinance, the reclaimed areas may be dealt with and dis-
posed of in the same manner as any. other Crown land.

(2) All public and private rights of navigation and fishing,
and all public and private rights of access, user, possession
or occupation, and all other public or private rights (if any)
to, in, upon or over the said land, foreshore, bed of the sea
or reclaimed areas, and in, upon or over the creek referred to
in sub-section (1), are hereby declared to be absolutely
extinguished and determined.

(3) Nothing in this Ordinance shall be in derogation of
any of the powers and rights of the Crown in respect of the
said foreshore or bed of the sea, and nothing in this Ordi-
nance shall be construed as recognising any foreshore, marine
or pier rights whatsoever as against the Crown. .
(4) Nothing in this Ordinance shall be construed as
aflecting any right or claim as between lessees, and their
sub-lessees or tenants, inter se.

As amended by Lew Rev. Ord., 1924,





14. From and after the completion of the reclamation
authorised by this Ordinance, the Governor shall keep and
maintain the sea wall thereof and all the public roads thereon
out of moneys to be provided from the public revenues of the
Colony, but, save as aforesaid, neither the Governor, nor any
public officer, nor the public revenues of the Colony, shall
be liable for any deterioration, subsidence, or damage of or
to the said reclamation.

15. Nothing in this Ordinance shall be affected in any
way by any of the provisions of the Foreshores and Sea Bed
Ordinance, 1901, or of the Highways Ordinance, 1910.

16.(1) None of the powers conferred upon the Governor
by this Ordinance shall be limited in any way by any of the
provisions of the Tramway Ordinance, 1902.

(2) Subject to the proVisions of sub-section (1), none of the
rights and powers conferred or recognised by the Tramway
Ordinance, 19029, shall be affected by the fact that the route
or working of the trainway authorised by the said Ordinance
may be affected by or in consequence of the works authorised
by this Ordinance.

SCHEDULE. [s. 4 (5).]

AGREEMENT made the ...day of .........1921
between ...............acting for and on behalf
of the Governor of Hongkong (hereinafter called the Governor) of the
one part and ......................................................................
of + ..........................(hereinafter
with bis executors, administrators and assigns called the lessee) of the
other part.
WHEREAS the said ............................................
is the registered owner of ................................................................
and has agreed to contribute towards the cost of the reclamation authorised
by the Praya East Reclamation Ordinance, 1921, upon the terms and
subject to the conditions hereinafter contained :
AND WHEREAS the said .........................................................
has in accordance with section 8 (1) of the said Ordinance deposited the
sum of $ in the Praya East Reclamation Account referred to in
the said section :

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





NOW IT IS HEREBY AGREED by and between the parties hereto
as follows :-

1. The lessee shall duly perform all the obligations imposed upon him
by the said Ordinance.

2. If the lessee fails to perforin duly any of the obligations imposed upon
him by the said Ordinance, the deposit and the interest thercon and all
other moneys paid by him under the said Ordinance shall be forfeited to the
Crown, and the lessee shall cease to have any rights whatsoever to or in
respect of the reclamation areas which would have been allotted to him if
he had duly performed all the said obligations.

3. Upon the due performance by the lessee of all the obligations imposed
upon him by the said Ordinance, the Governor shall grant to the lessee a
Crown lease of the reclamation areas more particularly delineated and
marked .on the plan annexed hereto, provided that if there be any
variation in superficial area between the said plan and the areas actually
allotted to the lessee the lease shall be of the areas actually allotted. The
said Crown lease shall contain the terms and conditions specified in section
9 of the said Ordinance.

IN WITNESS whereof the said parties to these presents have hereunto
set their bands the day and year first above written.

No. 18 of 1921, incorporated in No. 3 of 1885.

No. 19 of 1921, incorporated in No. 25 of 1917.

No. 20 of 1921, incorporated in No. 10 of 1916.

No. 21 of 1921, Incorporated in No. 8 of 1921.

No. 22 of 1921, incorporated in No. 16 of 1915.
No. 28 of 1921, repealed by Law Revision Ordi-nance, 1924.

No. 24 of 1921, incorporated in No. 1 of 1871.

No. 25 of 1921, repealed by No. 14 of 1922.

No. 26 of 1921, ?Incorporated in No. 65 of 1911.
[Originally No 17 of 1921. Law Rev. Ord., 1924.] Short title. Authorised works. [s. 2 contd.] Control and prosecution of works. Persons entitled to participate in scheme. [s. 4 contd.] Schedule. Defraying of cost of reclamation. What cost includes. Allotment of reclaimed land. Obligations of Marine Lot owners. [s. 8 contd.] Crown leases. Calls and notices. Proof of posting of calls and notices. Evidence of Governor's decision or opinion. Property in reclaimed land vested in the Crown. Certain public and private rights determined. Saving of certain rights of the Crown. Certain rights not to be affected. Maintenance of reclamation. Ordinances No. 15 of 1901. And 21 of 1910. Ordinance No. 10 of 1902. Insert postal address in Hongkong for the purpose of service of notices.

[Originally No 17 of 1921. Law Rev. Ord., 1924.] Short title. Authorised works. [s. 2 contd.] Control and prosecution of works. Persons entitled to participate in scheme. [s. 4 contd.] Schedule. Defraying of cost of reclamation. What cost includes. Allotment of reclaimed land. Obligations of Marine Lot owners. [s. 8 contd.] Crown leases. Calls and notices. Proof of posting of calls and notices. Evidence of Governor's decision or opinion. Property in reclaimed land vested in the Crown. Certain public and private rights determined. Saving of certain rights of the Crown. Certain rights not to be affected. Maintenance of reclamation. Ordinances No. 15 of 1901. And 21 of 1910. Ordinance No. 10 of 1902. Insert postal address in Hongkong for the purpose of service of notices.

https://oelawhk.lib.hku.hk/items/show/1342

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