FORESHORES AND SEA BED ORDINANCE, 1901

FORESHORES AND SEA BED ORDINANCE, 1901

ORDINANCE NO. 15 OF 1901.

Foreshores and Sea Bed

AN ORDINANCE to validate crown leases heretofore made
of foreshore and submerged lands within the territorial
waters of the colony for reclamation and other purposes
and to legalize and faciliate the making of such leases
hereafter. [5th october, 1901]

WHEREAS divers crown leases of portins of te foreshore and sea
bed within the territorial waters of this colony have from time
to time been granted by the governor in the name 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 made, and it is expedient to removed such doubts, and also to make provision for the making of such leases and
agreements in the future:
BE it therefore enacted by the governor of hongkong, with the advice
and consent of the legislative council thereof, as follows:-
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
within the territorial waters of the colony, 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:
provided that this section shall not be deemed in any way to affect the
crown lease of lantao marine lot No.2.
3 from and after the commencement of this ordinance, it shall be
lawful for the governor from time to time to grant and to agree to grant
such crown leases for any term not exceeding 75 years, or for
such longer term as the secretary of state may authorize, of the foreshore
and sea bed within the limits ofthe territorial waters of the colony, and
of crown land covered with water in any tidal river or channel connected
with such territorial waters, 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 by the governor-in-council,
the terms of the lease proposed to be made under this ordinance,
with a description of the property intended to be demised, shall
be inserted in every ordinary issue of the gazette during a period of 3
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 to send in their
objections in writing to the colonial secretary before the expiration of
the said period of 3 months, and all such objections shall be duly
considered by the governor-in-council: provided, also, that this section
shall not be deemed to authorize the grant any crown lease which
would derogate from or be inconsistent with the special rights of sea
access, if any, of any holder of any lot, holding under a crown lease,
without the consent of such holder.
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 calimed in or over such foreshore and sea bed , so far as is necessary
for the carrying out the said purpose an dshall contain
(1) a proviso that in the event o fthe lessees their executors adminstration
and assigns or sucessors as tgeh case may be failing at any
time during the continuance of the term of the lease to use the
demised land for the purpose so specify as aforesaid without the
previous licience or consent if His Majesty his heirs successors or
assigns signified in writing by the Governor then it shall be lawful
for His Majesty his heirs sucessors or 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 provisoes as may be approved in each case by
the governor-in-council with regard to the construction 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 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 territorial
waters of this colony.
A.D. 1901. Ordinance No. 21 of 1901. Short title. Validation of former Crown leases of foreshore and sea bed. Power to grant Crown leases of foreshore and sea bed in future. Effect and contents of lease under the Ordinance. Saving of general powers and right of the Crown.

A.D. 1901. Ordinance No. 21 of 1901. Short title. Validation of former Crown leases of foreshore and sea bed. Power to grant Crown leases of foreshore and sea bed in future. Effect and contents of lease under the Ordinance. Saving of general powers and right of the Crown.

https://oelawhk.lib.hku.hk/items/show/752

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