PRAYA RECLAMATION ORDINANCE, 1889
Title
PRAYA RECLAMATION ORDINANCE, 1889
Description
ORDINANCE No. 6 OF 1889.
Praya Reclamation
AN ORDINANCE to carry out a Scheme for the Reclamation of
the Foreshore opposite the City of Victoria.
[10th May,1889.]
WHEREAS the foreshore of the Harbour of Victoria is in process
of silting up,to the detriment of the health and commerce of
the Colony,and it is expedient to put a stop to such process and to
provided a deep water frontage; and whereas the area of level land for
building and for roads and quays and open spaces along the sea front of
the City of Victoria is insufficient to meet the growing wants of the
Colony,and it is expedient to enlarge the same:
BE it therefore enacted by the Goevrnor of Hongkong,with the advice
and consent of the Legislative Council thereof,as follows:-
1.This Ordinance may be cited as the Praya Reclamation Ordinance,
1889.
2.The works authorized by this Ordinance,and all works for the
effectual and convenient carrying out the same,are declared to be
works for the improvement of the Colony and for a 'public purpose'
within the meaning of that term as contained in the Crown leases of
lands in the Colony.
3.-(1.)Subject to the provisions and for the purposes of this Ordi-
nance,it shall be lawful for the Governor to carry out the works autho-
rized by this Ordinance according to the plan and drawings deposited
in the Land Registry Office,signed by the Surveyor General and
countersigned by the Governor,and such plan and drawings shall remain
in the said Office and shall be open to public inspection at convenient
hours.
(2.)In carrying out the works,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 such plan and drawings:Pro-
vided that the area of land to be deposited of for building as shown upon
the said plan shall not be unnecessarily diminished.
4.-(1.)The work shall be commenced forthwith and shall proceed
without unnecessary interruption or delay until completion,and the
Governor is hereby authorized to appoint a competent officer to super-
intend and a competent staff to assist in carrying out the said works,and
to procure and obtain such plant,machinery,materials,and things as may
be necessary for the said works.
(2.)The salaries of such officer and staff,and the cost of such plant,
machinery,materials,and things,shall be defrayed as part of the costs
of the said works in manner hereinafter provided.
5.The works authorized by this Ordinance comprise the following;
that is to say,-
(1.)the making of an embankment along the harbour front of the
City of Victoria,with all necessary and convenient walls,drains,
wharves,piers,lanind places,approaches,and other conveniences
and works;such embankment to commence Westward at a point
upon the sea-shore opposite Marine Lot No.188 and marked upon
the said plan,and to terminate Eastward at a point opposite to
Murray Pier;the said embankment to be constructed in whole or
in greater part upon the bed or foreshore of the Harbour;
(2.)the making upon the said embankment of a public roadway not
less than seventy-five feet,and the widening out of the present
Praya roadway to a width of not less than seventy-five feet,with
all necessary and convenient approaches to the same; and
(3.)the reclamation and enclosing and filling up of so much of the
foreshore and bed of the Harbour as lies between the present Praya
Wall and the intented embankment,to such heights and levels as
may e determined by the Governor.
6.For the purpose of effecting the works authorized by this Ordi-
nance,it shall be lawful for the Governor to remove,destroy,alter,divert,
stop up,or enclose such streets,drains,vacant ground,wherves,piers,
landing places,and other things as may,in the judgment of the Governor,
be necessary to be done for the purposes of this Ordinance.
7.All the land and foreshore and ned of the sea to be reclaimed under
this Ordinance,and all the land occupied by the present Praya roadway
and wall along the line of the intented reclaimation,are hereby declared
to be absolutely the property of the Crown,free from any restriction
whatever,and the Governor shall have power,subject to the provisions
of this Ordinance,to deal with the same way and to as full an extent
building or any other Crown lands;and all property,estate,rights or
supposed rights,and easements or supposed easements of any persons or
class of persons,whether Crown leaseholders or licensees or otherwise,
to the use or possession or occupation of,in ,over, or in any way in
relation to such land,foreshore,bed of the sea,embankment,reclamation,
or Praya roadway and wall,or in relation to any wharf,landing place,
pier,or other place situate thereupon,are hereby declared to ab-
solutely extinguished and determined.
8.Whereas the Crown lessees or their assigns registered in the Land
Registry Office at the date of the commencement of this Ordinance in
respect of the lots of land or sections thereof fronting the Praya road-
way along the line of the proposed reclamation (which persons,with
their executors,administrators,and assigns,except where repugnant to
the context,are hereinafter referred to as the lessees) or the majority
of them,have already declared or signified their readiness to contribute
towards the cost to be incurreed for and in connextion with the works
authorized by this Ordinance,provided the Governor will grant to them
respectively Crown leases of such equitable proportion of the proposed
reclamation as may be available,having regard to public requirements
in respect of the roads and streets to be made on the land when reclaimed,
and in the case of each lessee having regard to the claims of other
lessees;and whereas it has been agreed that the cost of the said works
shall also include a sum not exceeding five thouand dollars for prelim-
inary exoenses,a sum not exceeding one hundred and eighty thousand
dollars by way of compensation to owners and occupiers of wharves
and piers along the line of the proposed reclamation,and a further sum
not exceeding one hundred and five thousand dollars for the purchase
of a portion of the land in course of recalmation opposite Marine Lots
Nos.95,96,97,98,and 105:Be it further enacted as follows:-
(1.)as soon as practicable after the commencement of this Ordinance,
a further plan,signed by the Surveyor General and countersigned
by the Governor,showing in detail the portion of the proposed
reclamation assigned to lessees in respect of the Lots of land or
sections thereof registered in their names at the Land Registry
Office at the date of the commencement of this Ordinance,shall be
deposited at the said Office,and shall have annexed thereto a
schedule containing a list of the lessees of such lots of land and
section as aforesaid and the approximate contribution required
from each of them in respect of the cost of his portion of the
reclamation;
(2.)the deposit of such further plan as aforesaid shall be notified in
The Gazette,a copy of the said schhedule being published at the
same time,and lessees who are desirous of entering into the agree-
ment hereafter mentioned shall,within a period of two months
from the date of such notificaiton,signify respectively in writing
thwir acceptance of the portions of the land assigned to them on
the said plan and their intention to enter into an agreement;
(3.)on the expiation of two months from the date of such notica-
tion as aforesaid and within a further period of one month,it shall
be lawful for the Governor,if he thinks fit,to enter into an agree-
ment with the lessees individual who have signified their accept-
ance and intention as aforesaid,such agreement being upon the
terms and subject to the conditions set forth in the form in the
Schedule to this Ordinance;and the Governor is hereby em-
powered to dispose of the reclamed land in accordance therewith;
(4.)notwithstanding any such agreement as aforesaid may have been
signed by any lessee,if any error in the quantity or area of land
aggreed to be granted is discovereed by euther party thereto prior to
the granting of a Crown lease of such land,it shall be lawful for
the Governor-in-Council to retify and readjust the same,and to
grant a less or greater portion of land,as the case may be,and to
alter accordingly the lessee's contribution:Provided always that
the lessee,if this portion of land is diminished,shall have the option,
if he so elects,of cancelling the said agreement and thereupon all
moneys which he may have already paid sha;; be refunded;
(5.)notwithstanding anything contained in the schedule to be depo-
sited in the said Office as aforesaid or in any agreement entered
into in pursuance of this Ordinance,no lessee shall(save as pro-
vided by sub-section (7.)of this section)be liable for more than the
actual cost of the reclamation of the land agreed to be granted to
him and of all works authorized by this Ordinance in connextion
therewith(such actual cost,in case of doubt,to be decided by the
Governor-in-Council),and if such cost exceeds or is less than the
amount estimated or named in such schedule or any agreement as
aforesaid,the lessee shall bear and pay such excess or be entitled
to the behlaf of such less sum and to a proportionate refund;
(6.)in case any lessee does not signify his acceptance in the manner
and within the time provided in sub-sections(2.)and (3.)of this
section,he shall have no claim to any compensation in respect of
any depreciation of his lot by reason of the said works,but the
Governor may,if thinks fit,award to him such a sum of money
or such a Crown lease of new land as he may,in his absolute dis-
cretion,think sufficient as and by way of compensation for any
injury that such lessee may have sustained by the said works;
(7.)if from time to time before the completion of the said works any
extraordinary loss,damage,or expense is caused to or rendered
necessary for the said works or for any portion thereof by or in
consequence of any unforeseen difficulties that may present them-
selves in the progress of the said works or by or in consequence of
any typoon or storm or other catastrophe,such loss,damage,or
expense shall,when it has been ascertained by the Surveyor Gen-
eral and certified by him to the Governor-in-Council,be made good
by the lessee who have entered into agreements in pursuance of
this section,such lessees contributing such a proportion of the sum
required as the Surveyor General may certify to be equivalent to
the proportion which the amount of the lessee's contribution men-
tioned in this agreement bears to the total cost of the said works;and
(8.)so much of the cost of the said works as is not contributed by
the lessees under the provisions of this Ordinance shall be defrayed
out of the public revenues of the Colony.
9.Except as in this Ordinance provided,no marine lot-holder or other
person shall be entitled as against the Crown ro any damages or com-
persation for the depreciation or injurious affecting of his property or
business caused by,or resulting either directly or remotely from,any of
the said works.
10.Nothing in this Ordinance shall be deemed to regcognize any
forsaid rights whatever as against the Crown;or shall anything in
this Ordinance br deemed to affect any right or claim as between lessees
and their sub-lessees or tenants inter se.
11.-(1.)From and after the completion of the embankment au-
thorized by this Ordinance,the Governor shall keep and maintain the
sea wall thereof and all the publuc roads thereon out of moneys to be
provided from the public revenues of the Colony.
(2.)Except as aforesaid,the Governor shall not be liable for any
deterioration,subsidence,or damage of andd to the said embankment.
SCHEDULE.
FORM OF AGREEMENT WITH LESSEE.
ARTICLE OF AGREEMENT made the day of ,188 ,between
acting and on behalf of the
Governor of Hongkong (hereinafter called the Governor) of the one part and
(hereinafter with his executors administrators and assighnd
called the lessee)of the other part.WHEREAS the lessee is a Crown Lessee
or Marine Lot No. [or is the registered holder or assign of the of
Marine Lot No. or of section of Marine Lot No. [or as the case may
be] and has agreed to contribute towards the cost of the works authorized by
the Praya Recalmation Ordinance ,1889,the sum of $ and such
further or other sums as hereinafter mentioned upon the terms and subject to
the conditions hereinafter contained.
NOW IT IS HEREBY AGREED by and between the parties hereto as follows:-
1.The lessee shall contribute towards the works authorized by the said
Ordinance the sum of $ of which $ (25%) have been
this day paid by the lessee to the Governor as a guarautee for the due per-
formance by the lessee of this Agreement.
2.The sum of $ being the balance of the said contribution shall
be paid by the lessee to the Governor in such instalments and at such times
as shall be required by the Governor privided that 30 days' previous notice
in writing of each such payment veing required shall be given by the said
Governor to the lessee or to his agent in Hongkong or left at his or their
last known place of abode in Hongkong.
3.In addition to the said sum of $ to be contributed by the lessee
towards the said works and paid as aforesaid the lessee shall also contribute a
proportion of the sum or sums that may be required to make good any loss
damage or expense whixh may have been caused to or rendered necessary for
the said works or for any portion thereof from time to time previous to the
completion thereof by or in consequence of any unforeseen difficulties that
may have presented themselves in the progress thereof or by or in con
sequence of any typhoon or storm or other catastrophe the said proportion of
the said sum or sums to be ascertained and determined as proved by the said
Ordinance and to be paid by the lessee to the Governor at such time or times
as shall be require by the Governor thirty days' previous notice in writing of
every such payment being required being given by the Governor as afore-
said:Provided always that if the actual costs of the reclamation of the land
hereby agreed to be granted shall exceed or be less than the said sum of
$ the excess or less sum shall be paid by the lessee or refunded to him
as the case may require and if any difference shall arise as to such actual cost
the same shall be decided by the Governor-in-Council.
4.If the lessee shall make default in payment of any instalment as herein-
before provided or shall make default in payment of any sum or sums of
money which may become payable by him under the third clause of this
Agreement as thereby provided the said guarantee and all instalments and
other moneys (if any) previously paid by him and all his rights under this
Agreement shall be forfeited.And if the lessee shall make default in taking
up a Crown Lease in the manner hereinafter provided of that portion of the
Reclamation hereinafter more particulaly mentioned his right thereto and all
other rights under this Agreement and all moneys paid by him thereunder
shall also be forfeited.
5.Upon completion of the portion of the said works in the area of Re-
clamation described as Section on the plan deposited in the Land Office
pursuant to Section 8 of the said Ordinance and upon payment by the lessee
of the whole of the said balance of $ (if any) and of akk such sum or
sums of money as may have become payable under the third clause hereof
the Governor will grant to the lessee a Crown Lease of all that portion of
the Reclamation provided for by the said Ordinance as is delineated on the
plan hereunto annexed and thereon coloured red for a term of 999 years and
so far as circumstances permit upon similar terms and conditions and subject
to silmilar convenants declarations exceptions easements and reservations (save
as to rent hereinafter provided)as are contained in Crown Leases of Marine
Lots now in use.
Provided always that nothing in this Agreement contained shall be held to
give the lessee any right or rights over the new foreshore or otherwise in
respect of or in connexion with the portion of the Reclamation hereby agreed
to be granted to him of a nature different to or in a degree greater or less
than such rights as the lessee may have had in respect of or connexion
with the said Marine Lot No. [or as the case may be] immediately before
the coming into operation of this Ordinance.
6.The Crown rent to be reserved by the said Crown Lease for the said
portion of the Reclamation shall be at the rate of $200 per quarter acre.
7.The said Crown Lease so to be granted as aforesaid shall provide that
any buildings to be erected by the said on the said portion of
land to be leased to him as aforesaid shall be erected subject to the following
structural provisions as to light space and ventilation:- Houses of a depth of 50 fet or less shall have 10 foot yards.
Do. do. from 50 to 60 feet do. 11 do.
Do. do. from 60 to 70 feet do. 12 do.
Do. do. from 70 to 80 feet do. 13 do.
Do. do. from 80 to 90 feet do. 14 do.
Do. do. from 90 to 100 feet do. 15 do.
and no private lane on which any such buildings shall front shall be of a less
width than 15 feet.
IN WITNESS whereof the said parties to these Presents have hereunto set
their hands the day and year first above written.
A.D. 1889. Ordinance No. 16 of 1889. Short title. Works declared to be works for 'public purpose.' Power to carry out works of reclamation and to make deviations. Commencement of works, appointment of staff, etc. Description of works authorized. Power to remove obstructions to works. Title to reclaimed lands, and extinction of private rights therein. Costs of works and agreements with lessees for contribution to such costs and acceptance of portions of reclaimed land. Schedule. Barring of certain claims against the Crown. Saving as to foreshore rights. Maintenance of sea wall, roads, etc. Section 8.
Praya Reclamation
AN ORDINANCE to carry out a Scheme for the Reclamation of
the Foreshore opposite the City of Victoria.
[10th May,1889.]
WHEREAS the foreshore of the Harbour of Victoria is in process
of silting up,to the detriment of the health and commerce of
the Colony,and it is expedient to put a stop to such process and to
provided a deep water frontage; and whereas the area of level land for
building and for roads and quays and open spaces along the sea front of
the City of Victoria is insufficient to meet the growing wants of the
Colony,and it is expedient to enlarge the same:
BE it therefore enacted by the Goevrnor of Hongkong,with the advice
and consent of the Legislative Council thereof,as follows:-
1.This Ordinance may be cited as the Praya Reclamation Ordinance,
1889.
2.The works authorized by this Ordinance,and all works for the
effectual and convenient carrying out the same,are declared to be
works for the improvement of the Colony and for a 'public purpose'
within the meaning of that term as contained in the Crown leases of
lands in the Colony.
3.-(1.)Subject to the provisions and for the purposes of this Ordi-
nance,it shall be lawful for the Governor to carry out the works autho-
rized by this Ordinance according to the plan and drawings deposited
in the Land Registry Office,signed by the Surveyor General and
countersigned by the Governor,and such plan and drawings shall remain
in the said Office and shall be open to public inspection at convenient
hours.
(2.)In carrying out the works,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 such plan and drawings:Pro-
vided that the area of land to be deposited of for building as shown upon
the said plan shall not be unnecessarily diminished.
4.-(1.)The work shall be commenced forthwith and shall proceed
without unnecessary interruption or delay until completion,and the
Governor is hereby authorized to appoint a competent officer to super-
intend and a competent staff to assist in carrying out the said works,and
to procure and obtain such plant,machinery,materials,and things as may
be necessary for the said works.
(2.)The salaries of such officer and staff,and the cost of such plant,
machinery,materials,and things,shall be defrayed as part of the costs
of the said works in manner hereinafter provided.
5.The works authorized by this Ordinance comprise the following;
that is to say,-
(1.)the making of an embankment along the harbour front of the
City of Victoria,with all necessary and convenient walls,drains,
wharves,piers,lanind places,approaches,and other conveniences
and works;such embankment to commence Westward at a point
upon the sea-shore opposite Marine Lot No.188 and marked upon
the said plan,and to terminate Eastward at a point opposite to
Murray Pier;the said embankment to be constructed in whole or
in greater part upon the bed or foreshore of the Harbour;
(2.)the making upon the said embankment of a public roadway not
less than seventy-five feet,and the widening out of the present
Praya roadway to a width of not less than seventy-five feet,with
all necessary and convenient approaches to the same; and
(3.)the reclamation and enclosing and filling up of so much of the
foreshore and bed of the Harbour as lies between the present Praya
Wall and the intented embankment,to such heights and levels as
may e determined by the Governor.
6.For the purpose of effecting the works authorized by this Ordi-
nance,it shall be lawful for the Governor to remove,destroy,alter,divert,
stop up,or enclose such streets,drains,vacant ground,wherves,piers,
landing places,and other things as may,in the judgment of the Governor,
be necessary to be done for the purposes of this Ordinance.
7.All the land and foreshore and ned of the sea to be reclaimed under
this Ordinance,and all the land occupied by the present Praya roadway
and wall along the line of the intented reclaimation,are hereby declared
to be absolutely the property of the Crown,free from any restriction
whatever,and the Governor shall have power,subject to the provisions
of this Ordinance,to deal with the same way and to as full an extent
building or any other Crown lands;and all property,estate,rights or
supposed rights,and easements or supposed easements of any persons or
class of persons,whether Crown leaseholders or licensees or otherwise,
to the use or possession or occupation of,in ,over, or in any way in
relation to such land,foreshore,bed of the sea,embankment,reclamation,
or Praya roadway and wall,or in relation to any wharf,landing place,
pier,or other place situate thereupon,are hereby declared to ab-
solutely extinguished and determined.
8.Whereas the Crown lessees or their assigns registered in the Land
Registry Office at the date of the commencement of this Ordinance in
respect of the lots of land or sections thereof fronting the Praya road-
way along the line of the proposed reclamation (which persons,with
their executors,administrators,and assigns,except where repugnant to
the context,are hereinafter referred to as the lessees) or the majority
of them,have already declared or signified their readiness to contribute
towards the cost to be incurreed for and in connextion with the works
authorized by this Ordinance,provided the Governor will grant to them
respectively Crown leases of such equitable proportion of the proposed
reclamation as may be available,having regard to public requirements
in respect of the roads and streets to be made on the land when reclaimed,
and in the case of each lessee having regard to the claims of other
lessees;and whereas it has been agreed that the cost of the said works
shall also include a sum not exceeding five thouand dollars for prelim-
inary exoenses,a sum not exceeding one hundred and eighty thousand
dollars by way of compensation to owners and occupiers of wharves
and piers along the line of the proposed reclamation,and a further sum
not exceeding one hundred and five thousand dollars for the purchase
of a portion of the land in course of recalmation opposite Marine Lots
Nos.95,96,97,98,and 105:Be it further enacted as follows:-
(1.)as soon as practicable after the commencement of this Ordinance,
a further plan,signed by the Surveyor General and countersigned
by the Governor,showing in detail the portion of the proposed
reclamation assigned to lessees in respect of the Lots of land or
sections thereof registered in their names at the Land Registry
Office at the date of the commencement of this Ordinance,shall be
deposited at the said Office,and shall have annexed thereto a
schedule containing a list of the lessees of such lots of land and
section as aforesaid and the approximate contribution required
from each of them in respect of the cost of his portion of the
reclamation;
(2.)the deposit of such further plan as aforesaid shall be notified in
The Gazette,a copy of the said schhedule being published at the
same time,and lessees who are desirous of entering into the agree-
ment hereafter mentioned shall,within a period of two months
from the date of such notificaiton,signify respectively in writing
thwir acceptance of the portions of the land assigned to them on
the said plan and their intention to enter into an agreement;
(3.)on the expiation of two months from the date of such notica-
tion as aforesaid and within a further period of one month,it shall
be lawful for the Governor,if he thinks fit,to enter into an agree-
ment with the lessees individual who have signified their accept-
ance and intention as aforesaid,such agreement being upon the
terms and subject to the conditions set forth in the form in the
Schedule to this Ordinance;and the Governor is hereby em-
powered to dispose of the reclamed land in accordance therewith;
(4.)notwithstanding any such agreement as aforesaid may have been
signed by any lessee,if any error in the quantity or area of land
aggreed to be granted is discovereed by euther party thereto prior to
the granting of a Crown lease of such land,it shall be lawful for
the Governor-in-Council to retify and readjust the same,and to
grant a less or greater portion of land,as the case may be,and to
alter accordingly the lessee's contribution:Provided always that
the lessee,if this portion of land is diminished,shall have the option,
if he so elects,of cancelling the said agreement and thereupon all
moneys which he may have already paid sha;; be refunded;
(5.)notwithstanding anything contained in the schedule to be depo-
sited in the said Office as aforesaid or in any agreement entered
into in pursuance of this Ordinance,no lessee shall(save as pro-
vided by sub-section (7.)of this section)be liable for more than the
actual cost of the reclamation of the land agreed to be granted to
him and of all works authorized by this Ordinance in connextion
therewith(such actual cost,in case of doubt,to be decided by the
Governor-in-Council),and if such cost exceeds or is less than the
amount estimated or named in such schedule or any agreement as
aforesaid,the lessee shall bear and pay such excess or be entitled
to the behlaf of such less sum and to a proportionate refund;
(6.)in case any lessee does not signify his acceptance in the manner
and within the time provided in sub-sections(2.)and (3.)of this
section,he shall have no claim to any compensation in respect of
any depreciation of his lot by reason of the said works,but the
Governor may,if thinks fit,award to him such a sum of money
or such a Crown lease of new land as he may,in his absolute dis-
cretion,think sufficient as and by way of compensation for any
injury that such lessee may have sustained by the said works;
(7.)if from time to time before the completion of the said works any
extraordinary loss,damage,or expense is caused to or rendered
necessary for the said works or for any portion thereof by or in
consequence of any unforeseen difficulties that may present them-
selves in the progress of the said works or by or in consequence of
any typoon or storm or other catastrophe,such loss,damage,or
expense shall,when it has been ascertained by the Surveyor Gen-
eral and certified by him to the Governor-in-Council,be made good
by the lessee who have entered into agreements in pursuance of
this section,such lessees contributing such a proportion of the sum
required as the Surveyor General may certify to be equivalent to
the proportion which the amount of the lessee's contribution men-
tioned in this agreement bears to the total cost of the said works;and
(8.)so much of the cost of the said works as is not contributed by
the lessees under the provisions of this Ordinance shall be defrayed
out of the public revenues of the Colony.
9.Except as in this Ordinance provided,no marine lot-holder or other
person shall be entitled as against the Crown ro any damages or com-
persation for the depreciation or injurious affecting of his property or
business caused by,or resulting either directly or remotely from,any of
the said works.
10.Nothing in this Ordinance shall be deemed to regcognize any
forsaid rights whatever as against the Crown;or shall anything in
this Ordinance br deemed to affect any right or claim as between lessees
and their sub-lessees or tenants inter se.
11.-(1.)From and after the completion of the embankment au-
thorized by this Ordinance,the Governor shall keep and maintain the
sea wall thereof and all the publuc roads thereon out of moneys to be
provided from the public revenues of the Colony.
(2.)Except as aforesaid,the Governor shall not be liable for any
deterioration,subsidence,or damage of andd to the said embankment.
SCHEDULE.
FORM OF AGREEMENT WITH LESSEE.
ARTICLE OF AGREEMENT made the day of ,188 ,between
acting and on behalf of the
Governor of Hongkong (hereinafter called the Governor) of the one part and
(hereinafter with his executors administrators and assighnd
called the lessee)of the other part.WHEREAS the lessee is a Crown Lessee
or Marine Lot No. [or is the registered holder or assign of the of
Marine Lot No. or of section of Marine Lot No. [or as the case may
be] and has agreed to contribute towards the cost of the works authorized by
the Praya Recalmation Ordinance ,1889,the sum of $ and such
further or other sums as hereinafter mentioned upon the terms and subject to
the conditions hereinafter contained.
NOW IT IS HEREBY AGREED by and between the parties hereto as follows:-
1.The lessee shall contribute towards the works authorized by the said
Ordinance the sum of $ of which $ (25%) have been
this day paid by the lessee to the Governor as a guarautee for the due per-
formance by the lessee of this Agreement.
2.The sum of $ being the balance of the said contribution shall
be paid by the lessee to the Governor in such instalments and at such times
as shall be required by the Governor privided that 30 days' previous notice
in writing of each such payment veing required shall be given by the said
Governor to the lessee or to his agent in Hongkong or left at his or their
last known place of abode in Hongkong.
3.In addition to the said sum of $ to be contributed by the lessee
towards the said works and paid as aforesaid the lessee shall also contribute a
proportion of the sum or sums that may be required to make good any loss
damage or expense whixh may have been caused to or rendered necessary for
the said works or for any portion thereof from time to time previous to the
completion thereof by or in consequence of any unforeseen difficulties that
may have presented themselves in the progress thereof or by or in con
sequence of any typhoon or storm or other catastrophe the said proportion of
the said sum or sums to be ascertained and determined as proved by the said
Ordinance and to be paid by the lessee to the Governor at such time or times
as shall be require by the Governor thirty days' previous notice in writing of
every such payment being required being given by the Governor as afore-
said:Provided always that if the actual costs of the reclamation of the land
hereby agreed to be granted shall exceed or be less than the said sum of
$ the excess or less sum shall be paid by the lessee or refunded to him
as the case may require and if any difference shall arise as to such actual cost
the same shall be decided by the Governor-in-Council.
4.If the lessee shall make default in payment of any instalment as herein-
before provided or shall make default in payment of any sum or sums of
money which may become payable by him under the third clause of this
Agreement as thereby provided the said guarantee and all instalments and
other moneys (if any) previously paid by him and all his rights under this
Agreement shall be forfeited.And if the lessee shall make default in taking
up a Crown Lease in the manner hereinafter provided of that portion of the
Reclamation hereinafter more particulaly mentioned his right thereto and all
other rights under this Agreement and all moneys paid by him thereunder
shall also be forfeited.
5.Upon completion of the portion of the said works in the area of Re-
clamation described as Section on the plan deposited in the Land Office
pursuant to Section 8 of the said Ordinance and upon payment by the lessee
of the whole of the said balance of $ (if any) and of akk such sum or
sums of money as may have become payable under the third clause hereof
the Governor will grant to the lessee a Crown Lease of all that portion of
the Reclamation provided for by the said Ordinance as is delineated on the
plan hereunto annexed and thereon coloured red for a term of 999 years and
so far as circumstances permit upon similar terms and conditions and subject
to silmilar convenants declarations exceptions easements and reservations (save
as to rent hereinafter provided)as are contained in Crown Leases of Marine
Lots now in use.
Provided always that nothing in this Agreement contained shall be held to
give the lessee any right or rights over the new foreshore or otherwise in
respect of or in connexion with the portion of the Reclamation hereby agreed
to be granted to him of a nature different to or in a degree greater or less
than such rights as the lessee may have had in respect of or connexion
with the said Marine Lot No. [or as the case may be] immediately before
the coming into operation of this Ordinance.
6.The Crown rent to be reserved by the said Crown Lease for the said
portion of the Reclamation shall be at the rate of $200 per quarter acre.
7.The said Crown Lease so to be granted as aforesaid shall provide that
any buildings to be erected by the said on the said portion of
land to be leased to him as aforesaid shall be erected subject to the following
structural provisions as to light space and ventilation:- Houses of a depth of 50 fet or less shall have 10 foot yards.
Do. do. from 50 to 60 feet do. 11 do.
Do. do. from 60 to 70 feet do. 12 do.
Do. do. from 70 to 80 feet do. 13 do.
Do. do. from 80 to 90 feet do. 14 do.
Do. do. from 90 to 100 feet do. 15 do.
and no private lane on which any such buildings shall front shall be of a less
width than 15 feet.
IN WITNESS whereof the said parties to these Presents have hereunto set
their hands the day and year first above written.
A.D. 1889. Ordinance No. 16 of 1889. Short title. Works declared to be works for 'public purpose.' Power to carry out works of reclamation and to make deviations. Commencement of works, appointment of staff, etc. Description of works authorized. Power to remove obstructions to works. Title to reclaimed lands, and extinction of private rights therein. Costs of works and agreements with lessees for contribution to such costs and acceptance of portions of reclaimed land. Schedule. Barring of certain claims against the Crown. Saving as to foreshore rights. Maintenance of sea wall, roads, etc. Section 8.
Abstract
A.D. 1889. Ordinance No. 16 of 1889. Short title. Works declared to be works for 'public purpose.' Power to carry out works of reclamation and to make deviations. Commencement of works, appointment of staff, etc. Description of works authorized. Power to remove obstructions to works. Title to reclaimed lands, and extinction of private rights therein. Costs of works and agreements with lessees for contribution to such costs and acceptance of portions of reclaimed land. Schedule. Barring of certain claims against the Crown. Saving as to foreshore rights. Maintenance of sea wall, roads, etc. Section 8.
Identifier
https://oelawhk.lib.hku.hk/items/show/649
Edition
1901
Volume
v1
Cap / Ordinance No.
No. 6 of 1889
Number of Pages
8
Files
Collection
Historical Laws of Hong Kong Online
Citation
“PRAYA RECLAMATION ORDINANCE, 1889,” Historical Laws of Hong Kong Online, accessed April 21, 2025, https://oelawhk.lib.hku.hk/items/show/649.
