FORESHORES AND SEA BED ORDINANCE, 1901

FORESHORES AND SEA BED ORDINANCE, 1901

No. 15 of 1901.
An Ordinance to validate Crown leases of fore shore and
submerged lands for reclamation, and to facilitate the
making. of such leases.
[12th October, 1901.]

WHEREAS divers Crown leases of portions of the foreshore and
sea bed have been granted by the Governor in the name

As amended by Law Rev. Ord.,, 1939.





and on behalf of His Majesty and of Her late Majesty
Queen Victoria, for reclamation 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 doubts, 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 Ordin-
ance: Provided that this section shall not be deemed in any
way to affect the Crown lease of Lantao Marine Lot No. 2.

3.-(11) 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 (renewable on the usual terms), or for such
longer term as the Secretary of State may authorize, 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 wdters, 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, commerce or traffic,
or for.any other purpose whatsoever: 'Provided always that,
before any such declaration is made, the terms of the lease pro---
posed to be made, with a description of the property intended
to be demised, shall be inserted in every ordinary issue of the
.Gazette during a period of three months and shall be published
by proclamation in the Chinese language, which proclamation
shall be publicly posted in some suitable, place.near the site
of the said property, together with a notice calling upon all
persons having objections to the granting of such lease, and. also
all persons who deem that their property may be injuriously

As amended by No. 26 of 1932 [19.8.32].





affected by reason of the access of such property to the sea being
interfered with by the granting of any such lease and who claim
compensation in respect thereof, to send in their objectidns or
claims in writing to the Director of Public Works before the
expiration of the said period of three months.

(2) All such 'objections shall be duly considered, by the
Governor in Council.' On such consideration the Governor in
Council shall have regard' to the objections and also to the
public benefit which would accrue by overruling them.

(3) Any person who deems that his property may be
injuriously affected by any such Crown lease by reason of the
access of such property to the sea being interfered with, and
who claims compensation in respect thereof, shall deliver to
the Director of Public Works particulars in writing of such
injurious affecting and of his claims in respect thereof within
the period of three months referred to in sub-section (1) ; and
the Governor may, if he thinks fit, enter into an agreement with
any claimant for the settlement or compromise of any claim.

(4) If the Governor makes no acceptable offer of settlement
or compromise within two months of such delivery of particulars,
the claimant may within three months of such delivery notify
the Director of Public Works that he desires a reference to a
judge; and the Governor shall thereupon refer the claim with
the particulars thereof to such one of the judges as the judges
may mutually arrange.

(,5) 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 solicitor on behalf of the
Crown and the claimant, and shall determine the amount of
compensation, if any, to be paid to any such claimant for any
such injurious affecting as is described in sub-section (3) and
may award costs in his discretion either for or against the Crown
or for or against any party claiming compensation, such costs
in case of difference to be settled by the Registrar of the
Supreme Court.

(6) Such judge shall have powers similar to those vested in
the Supreme Court on the occasion of any action in respect of-

(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 any premises.

(7) No appeal shall lie from any award or decision of a
judge under this,section.

(8) So much of the provisions of this section as requires the
insertion in the Gazette of the terms of the Crown leases pro-
posed 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 may 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 foreshore
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 carrying out the said purposes, and shall contain-

(i) a proviso that, in the event of the lessees, their execu-
tors, administrators, and assigns, or successors, as the case may
,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, signified in writing. by the Governor, then it shall be
lawful for His Majesty or his assigns, by the Governor or by

any officer authorized 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 con-
struction and use of any works to be made and done upon the
said land and as to the time 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,grant, 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..

6. All piers erected since the 5th day of October, 1901, with
the permission of the Government, shall be deemed to have been
legally erected and may be maintained in accordance with the
terms of the grant, demise 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. No. 26 of 1932.] Short title. Validation of former Crown leases of foreshore and sea bed. Power to grant Crown leases of foreshore and sea bed, and to award compensation in certain cases. [s. 3 contd.] Effect and contents of lease under the Ordinance. Sections 3 and 4 not to apply to certain cases. Piers erected since 5th October, 1901, to be deemed legally erected. Saving of powers and rights of the Crown.

[Originally No. 21 of 1901. No. 26 of 1932.] Short title. Validation of former Crown leases of foreshore and sea bed. Power to grant Crown leases of foreshore and sea bed, and to award compensation in certain cases. [s. 3 contd.] Effect and contents of lease under the Ordinance. Sections 3 and 4 not to apply to certain cases. Piers erected since 5th October, 1901, to be deemed legally erected. Saving of powers and rights of the Crown.

https://oelawhk.lib.hku.hk/items/show/1476

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