FORESHORES AND SEA BED ORDINANCE

FORESHORES AND SEA BED ORDINANCE

CHAPTER 127.

FORESHORES ANI) SEA BED.

To validate Crown leases of foreshore 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
aiid sea bed have been granted by the Governor in the
narne and on behalf of His Majesty 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, aiid it is expedient ' to remove such
doubts, and also to make provision for the making cif
such leases and agreements in the future:

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

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.

3. (1) 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, aiid 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 lie 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 proposed 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, aiid, also .all
persons who deem that their property may be injuriously 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 objections 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
subsection (i); 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 Chief justice shall in each case nominate
for the purpose.

(s) 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 Crowet 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 subsection
(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 froni 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 proposed to
be made under this Ordinance with a description of the property
intended to be demised shall riot 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 tinder tile 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

(a)a proviso that, in the event of the lessees, their executors,
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, licerice 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 hirn
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;

(b)such covenants and provisos as may be approved in each
case by the Governor in Council with regard to the
construction and use of an), 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

(c)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 21 of 1901. Fraser 15 of 1901. 9 of 1950. 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 cont.] 9 of 1950, Schedule. Effect and contents of lease under the Ordinance. [s. 4 cont.] Section 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 21 of 1901. Fraser 15 of 1901. 9 of 1950. 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 cont.] 9 of 1950, Schedule. Effect and contents of lease under the Ordinance. [s. 4 cont.] Section 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/1887

1950

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