FORESHORE AND SEA-BED (RECLAMATIONS) ORDINANCE

FORESHORE AND SEA-BED (RECLAMATIONS) ORDINANCE

LAWS OF HONG KONG

FORESHORE AND SEA-BED (RECLAMATIONS)

ORDINANCE

CHAPTER 127





CHAPTER 127

FORESHORE AND SEA-BED (RECLAMATIONS) ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page

1. Short title ... ... ... ... ... ... ... ... ... ... ... ... ... 2
2. Interpretation ... ... ... 1 . ... ... ... ... ... ... ... ... ... ... 5
3. Plans relating to reclamations ... ... ... ... ... ... ... ... ... 1
4. Availability for public inspection . ... ... 1 .. ... ... ... 2
5. Publication ... ... ... ... ... ... ... ... ... ... ... ... ... ...
6. Objections ... ... ... ... ... ... ... ... ... ... ... ... ...
7. Authorization procedure if no objection made ... ... ... ... ... ... ... ...
8. Authorization procedure if objection made ... ... ... ... ... ... ...

9. Notice of authorization and invitation to claim for compensation ... ... ... 4
10. Extinguishment of rights upon publication of notice of authorization .. ... 4

11. No claim for money except under this Ordinance ... ... ... ... ... ... 4

12. Claims for compensation ... ... ... ... ... ... ... ... ... ...
13- Settlement of claim ... ... ... ... ... ... ... 1 . ... ... ... ... ...

14. Provisional payment pending determination of compensation ... 6

15. Payment of compensation and interest ... ... ... ... ... ...

16. Payment when person entitled cannot be found. etc.

17. Saving of rights of Crown ... ... ... ... ... ... ... ... ... ... ... ...
18. Service of notices by Director ... ... ... ... ... ... ... ... ... ... ...
19. Repeals ... ... ... ... ... ... ... ... 8
20. Transitional... ... ... ... ... ... ... ... ... ... ... ... 8





CHAPTER 127

FORESHORE AND SEA-BED (RECLAMATIONS)

To provide for the publication of proposals in respect of reclamations
over and upon any foreshore and sea-bed; to make provision in
respect of objections to the proposals, the payment of
compensation and connected matters; and to repeal the Public
Reclaniations and Works Ordinance and the Foreshores and Sea
Bed Ordinance.

[9 August 1985.1

1. This Ordinance may be cited as the Foreshore and Sea-bed
(Reclamations) Ordinance.

2. In this Ordinance, unless the context otherwise requires-

'Director' means the Director of Lands;

'foreshore and sea-bed- means the shore and bed of the sea and of any
tidal water within Hong Kong, below the line of the high water
mark; and

'reclamation' includes any work over and upon any foreshore and sea-
bed.

3. Where a reclamation is proposed in relation to any foreshore and
sea-bed, the Director shall prepare a plan delineating and describing the
proposed reclamation and the foreshore and sea-bed intended to be
affected thereby.

4. A copy of a plan prepared under section 3 shall, upon the
publication of a notice under section 5, be available for inspection by
the public free of charge at such offices of the Government as the
Director may direct. during the hours when those offices are open to
the public.

5. (1) Upon completion of the preparation of a plan under section 3,
the Director shall cause notice of the plan to be published

(a)in 2 issues of the Gazette in both the Chinese and English
languages;

(b) in 2 issues of a Chinese language newspaper;

(e) in 2 issues of an English language newspaper; and

(d)by affixing copies in the Chinese and English languages in
such prominent positions within or near the foreshore and sea-
bed affected by the notice, as may be appropriate for the
purposes of drawing the notice to the attention of the public.

(2) The notice referred to in subsection (1) shall-





(a)describe the foreshore and sea-bed affected and describe the
manner in which it will be affected by the proposed
reclamation,

(b)either be published together with a copy of the plan to which it
relates, or state where and at what times a copy of the plan
may be inspected, and

(c)state that any person who considers that he has an interest,
right or easement in or over the foreshore and sea-bed so
described, may object to the proposal under section 6.

(3) A notice published under this section shall be deemed to be
notice to every person who has an interest, right or easement in or over
the foreshore and sea-bed described therein.

6. (1) Any person who considers that he has an interest. right or
easement in or over the foreshore and sea-bed described in a notice
published under section 5 may. by notice in writing delivered to the
Director before the expiration of such time being not less than 2 months
as shall be specified in the notice, object to the proposed reclamation.

(2) A notice of objection shall describe the interest. right or
easement of the objector and the manner in which he alleges he will be
affected.

(3) An objection delivered under subsection (1 may be amended
or withdrawn in writing at any time before the proposed reclamation is
considered under section 7 or 8; and if Withdrawn. shall be treated for
the purposes of those sections as not having been made.

7. When the time for the making of objections under section 6 in
respect of a proposed reclamation has expired and no objection has
been delivered to the Director, or if any objections made have all been
withdrawn, the Governor may authorize the proposed reclamation.

8. (1) Where at the expiry of the time for the making of objections
under section 6 in respect of a proposed reclamation any objection has
been delivered under that section, the Governor in Council shall
consider the proposed reclamation and every objection and may

(a) decline to authorize the reclamation;

(b)authorize the reclamation in part only and defer for further
consideration at such future time as the Governor in Council
shall specify, any objection which relates to the remaining part
of the reclamation not so authorized.. or

(c) authorize the whole of the reclamation.

(2) Where a reclamation is authorized under subsection (1)(b) or
(c), the plan relating to such reclamation shall be subject to such
modifications and conditions as the Governor in Council thinks fit.





9. (1) Where a reclamation is authorized under section 7, 8(1)(b) or
8(1)(c) notice thereof shall, at any time before the commencement of
the reclamation, be

(a)served by the Director on every person who has made an
objection under section 6;

(b)published in one issue of the Gazette in both the Chinese and
English languages; and

(c)made available for inspection by the public free of charge at
such offices of the Government as the Director may direct,
during the hours when those offices are open to the public.

(2) The notice referred to in subsection (1) shall-

(a) describe the foreshore and sea-bed affected thereby;

(b)be served by the Director and published either with a copy of
the plan to which it relates prepared under section 3, or if
modified by the Governor in Council, with a copy of the plan
as so modified, or state where and at what times a copy of any
such plan may be inspected;

(c)state that any person who considers that he has an interest,
right or easement in or over such foreshore and sea-bed that
will be injuriously affected by the reclamation may deliver a
written claim for compensation under section 12 for the
injurious affection to the Director, before the expiry of such
time being not less than 1 year from the date when it is
published in the Gazette, as shall be specified in the notice.

(3) A notice served by the Director and published under this
section shall be deemed to be* notice to every person who has an
interest, right or easement in or over the foreshore and sea-bed so
affected.

10. (1) Subject to section 17, upon the publication of a notice of
authorization in the Gazette under section 9(1)(b)

(a)all public and private rights in relation to the foreshore and
sea-bed affected thereby shall be extinguished and cease to
exist; and

(b)no person shall have any right against the Crown or any other
person to compel or restrain anything authorized under
section 7, 8(1)(b) or 8(1)(c).

(2) No action shall be brought or continued in respect of the
extinguishment under subsection (1), in whole or in part, of any public
or private right.

11. No person shall have any right against the Crown or any other
person to claim any money in respect of anything authorized under
section 7, 8(1)(b) or 8(1)(c) except to the extent of the entitlement to
claim compensation under section 12.





12. (1) Any person who claims that his interest, right or easement in
or over such foreshore and sea-bed will be injuriously affected by the
reclamation may deliver to the Director a written claim stating the sum of
money which he is willing to accept in full and final settlement of his
claim together with such particulars as he may possess to substantiate
the claim and shall furnish to the Director such accounts, documents
and further particulars as the Director may request him to furnish, in
support of the claim.

(2) A claim under subsection (1) shall be made before the expiry of
the time specified in the notice served by the Director and published
under section 9(1) in respect of the reclamation.

(3) Where any costs or remuneration are reasonably incurred or
paid by a claimant in employing persons to act in a professional
capacity in connexion with a claim under subsection (1), such claim may
include a claim for such costs or remuneration.

13. (1) In relation to every reclamation the Director shall before the
expiry of 6 months from the date when the written claim is delivered to
him or, if he has requested further particulars under section 12(1), before
the expiry of 6 months from the date when they are furnished under that
section, consider whether or not the claimant is a person having an
interest, right or easement in or over any foreshore and sea-bed that will
be injuriously affected by the reclamation and shall serve notice on the
claimant in writing stating that he

(a) admits the whole claim; or

(b) rejects the whole claim; or

(e) admits a specified part and rejects the remainder,

and shall where he rejects the whole claim, or admits a specified part and
rejects the remainder, as the case may be, give an adequate statement of
his reasons for the rejection.

(2) If the Director admits the whole claim, or admits a specified part
and rejects the remainder, he may agree with the claimant as to the
amount of compensation to be paid to the claimant in full and final
settlement of the whole claim or a specified part, as the case may be.

(3) Where-

(a) the Director rejects the claim in whole or in part; or

(b)after the expiry of 7 months from the date when the written
claim is delivered to the Director or, if he has requested further
particulars under section 12(1), after the expiry of 7 months
from the date when they are furnished under that section, the
Director and the claimant do not agree as to the amount of
compensation,

the Director or the claimant may refer the claim to the Lands Tribunal to
determine in accordance with this Ordinance and the Lands Tribunal
Ordinance, the amount of compensation to be paid.





(4) In determining a claim referred to it under subsection (3) in
respect of a reclamation, the Lands Tribunal shall

(a)hear any evidence which the Director or the claimant may wish
to tender and, if so requested, hear counsel or a solicitor on
behalf of the party making the request., and

(b)determine the amount of compensation payable by the
Government to the claimant in respect of any interest, right or
easement of the claimant in or over any foreshore or sea-bed
injuriously affected by the reclamation in full and final
settlement of the claim.

(5) Notice of a reference under subsection (3) shall be served by
the Director or the claimant, as the case may be, on the other party to
the proceedings, before the expiry of 7 days from the date when it is
referred.

(6) A claim shall not be referred to the Lands Tribunal under
subsection (3), unless it is referred before the expiry of 1 year from the
date of the notice served under subsection (1) or within such longer
period as the Lands Tribunal may in any case allow, but the total period
for the purposes of this subsection shall not exceed 6 years from that
date.

14. (1) The Director may, pending the determination by the Lands
Tribunal of the compensation payable under this Ordinance. pay

(a)an amount as a provisional payment of the amount payable by
virtue of such determination, and

(b)interest on any payment made under paragraph (a), for the
period from the date of publication of the notice of
authorization in the Gazette under section 9(1)(b) relating to
the reclamation in question. until the date on which the
payment is made, calculated having regard to the lowest rate
payable from time to time by members of The Hong Kong
Association of Banks on time deposits.

(2) Any payment made by the Director under subsection (1) shall
be without prejudice to the claim for compensation under this Ordinance
or the submission under this Ordinance of the matter to the Lands
Tribunal for determination of the amount of compensation to be paid, or
the determination thereof by it under this Ordinance but the amount of
compensation payable by virtue of such determination shall be reduced
by the amount of such payment.

(3) Where the amount of compensation payable by virtue of a
determination of the Lands Tribunal under this Ordinance is reduced
under subsection (2) by the amount of any payment made under
subsection (1), such compensation shall not as from the date on which
the payment is made, bear interest except on the amount thereof as so
reduced.





(4) Where the amount of any payment made by the Director
under subsection (1) exceeds the amount of the compensation
payable by virtue of a determination by the Lands Tribunal, the
amount of the excess shall be recoverable by the Director as a civil
debt.

15. (1) All sums of money payable as compensation under
this Ordinance together with interest thereon and all costs and
remuneration awarded against the Crown, shall be paid out of the
general revenue.

(2) At any time after an agreement under section 13(2) or a
determination by the Lands Tribunal of the amount of compensa-
tion payable under this Ordinance, the Director may by notice
published in the Gazette require the person entitled to the compensa-
tion to collect it by the date and at the place specified in the notice.

(3) Subject to section 14(3), any sum of money payable as
compensation by virtue of an agreement under section 13(2) or a
determination of the Lands Tribunal under this Ordinance shall
bear interest from the date of publication of the notice of authoriza-
tion in the Gazette under section 9(1)(b) relating to the reclamation
in question, until the date specified in the notice published under
subsection (2) of this section but no interest shall be payable in
respect of the amount of any costs or remuneration.

(4) The rate of interest for the purposes of subsection (3) shall
be such rate as the Lands Tribunal may fix having regard to the
lowest rate payable from time to time by members of The Hong
Kong Association of Banks on time deposits.

(5) If no claim is made for the payment out of the compensa-
tion money at the place and by the date specified in the notice
published under subsection (2), the Director shall pay such money to
the Director of Accounting Services.

(6) The money paid to the Director of Accounting Services
under subsection (5) or any part of it may, before the expiry of 5
years from the date specified in the notice published under subsec-
tion (2), be claimed by the person entitled thereto and upon such
claim being substantiated shall be paid to the person so entitled.

(7) On the expiry of the period of 5 years referred to in
subsection (6) the money or such part of it as remains unpaid shall
be transferred to the general revenue.

16. When the person entitled to compensation is absent from
Hong Kong or cannot be found or, before the expiry of 6 months
from the date when the amount of compensation is agreed under
section 13(2) or determined by the Lands Tribunal under this
Ordinance, makes no claim to the same, or is in the opinion of the
Director unable to give an effectual discharge for the same, the
Director may direct that payment of the compensation shall be
made to such other person on behalf of the person entitled as he





shall think proper, subject to such conditions as he thinks fit, and the
receipt of such other person shall be a valid and effectual discharge
for the same in the same manner as if payment had been made to the
person entitled.

17. Nothing in this Ordinance shall be deemed to be in
derogation of any of the powers or rights of the Crown in respect of
the foreshore and sea-bed or of the waters of Hong Kong.

18. Any notice required to be served by the Director upon any
person under this Ordinance may be served by serving a copy
personally or by registered post addressed to the last known place of
business or residence of the person to be served.

19. (1) The Public Reclarnations and Works Ordinance is
repealed.

(2) The Foreshores and Sea Bed Ordinance is repealed.

20. (1) Notwithstanding the repeal of the Public Reclama-
tions and Works Ordinance, that Ordinance shall continue to apply
to any reclamation or proposed reclamation or other works of a
public nature in respect of which a notice had been published under
section 2 of that Ordinance before the commencement of this
Ordinance.

(2) Notwithstanding the repeal of the Foreshores and Sea Bed
Ordinance, that Ordinance shall continue to apply to any Crown
lease in respect of which a notice had been published under section 4
of that Ordinance before the commencement of this Ordinance.
Originally 63 of 1985. Short title. Interpretation. Plans relating to reclamations. Availability for public inspection. Publication. Objections. Authorization procedure if no objection made. Authorization procedure if objection made. Notice of authorization and invitation to claim for compensation. Extinguishment of rights upon publication of notice of authorization. No claim for money except under this Ordinance. Claims for compensation. Settlement of claim. (Cap. 17.) Provisional payment pending determination of compensation. Payment of compensation and interest. Payment when person entitled cannot be found, etc. Saving of rights of Crown. Service of notices by Director. Repeals. (Cap. 113, 1984 Ed.) (Cap. 127, 1984 Ed.) Transitional. (Cap. 113, 1984 Ed.) (Cap. 127, 1984 Ed.)

Originally 63 of 1985. Short title. Interpretation. Plans relating to reclamations. Availability for public inspection. Publication. Objections. Authorization procedure if no objection made. Authorization procedure if objection made. Notice of authorization and invitation to claim for compensation. Extinguishment of rights upon publication of notice of authorization. No claim for money except under this Ordinance. Claims for compensation. Settlement of claim. (Cap. 17.) Provisional payment pending determination of compensation. Payment of compensation and interest. Payment when person entitled cannot be found, etc. Saving of rights of Crown. Service of notices by Director. Repeals. (Cap. 113, 1984 Ed.) (Cap. 127, 1984 Ed.) Transitional. (Cap. 113, 1984 Ed.) (Cap. 127, 1984 Ed.)

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