PRAYA RECLAMATION ORDINANCE, 1889
Title
PRAYA RECLAMATION ORDINANCE, 1889
Description
No. 6 of 1889.
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 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 provide 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:-
1. The Praya Reclamation Ordinance, 1889.
2. The works authorised by this Ordinance, 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 of this Ordinance, it shall be
lawful for the Governor to carry out the works authorised by this
Ordinance according to the plan and drawings deposited in
the Land 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 : Provided that the area of land to be disposed of
for building as shown upon the said plan sball not be unnecessarily
diminished.
[s. 4, rep.,No. 62 of 1911.]
5. The works authorised by this Ordinance comprise the follow-
ing
(1) the making of an embankment along the harbour front of
the City of Victoria with all necessary and convenient walls,
drains, wharves, piers, landing places,and other con-
veniences 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 Har-
bour;
(2) the making upon the said embankment of a public roadway
not less than 75 feet wide, and the widening out of the present
Praya roadway to a width of not less than 75 feet, with all neces-
sary and convenient approaches to the saine; and
(3) the reclaiming and enclosiiig and filling up of so much of
the foreshore and bed of the harbour aslies betweenn the present
Praya wall and the intended embankment, to such heights and
levels as may be determined by the Governor.
[s. 6, rep. No. 62 Of 1911]
4S nni6nded by No. 62 of 19JJ.1,
'1~ 1.1
7. All the land and foreshore and bed 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 intended reclama-
tion, 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 saine and to dispose of the same for building or any
other purpose in the same way and to as full an extent as in the case
of 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 user or possession or occupation of, in, over, or in any way in
relation to such land, foreshore, bed of the sea, embankment, re-
clamation, or Prava roadway and wall, or in relation to any wharf,
landing place, pier, or other place situate thereupon, are hereby
declared to be absolutely extinguished and determined.
8. whereas the Crown lessees or their assigns registered in the
Land Office at the clate of conmmencement of this Ordinance in
respect of the lots of land or sections thereof fronting the Praya
rondway along the line of the proposed reclamation (which persons,
with their exectors, admininstors, 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 incurred for and in
connexion with the works authorised by this Ordinance, provided
the Governor will grant to them respectively Crown leases of such
equitable proportion of the proposed reclamation as may be avail-
able,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 chaims of other lessees; AND WRFREAS
it has been agreed that the cost of the said works shall also include
a sum not exceeding 5,000 dollars for preliminary expenses, a sum
not exceeding 180,000 dollars by Way of compensation to owners
and occupiers of wharves and plers along the line of the proposed
reclamation, and a further sum not exceeding 105,000 dollars for
the purchase fo a portion of the land in course of reclamation
opposite Maring Lots Nos. 95, 96,97,98,and 105:-
(1) A further plan,signed by the surveyor General and counter
signed 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 at the Land Office
at the date of the commenencement of this Ordinance, shall be de-
posited at the said Office, and shall have annexed thererto a schedule
containing a list of the lessees of such lots of land and sections 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 notifled
in the Gazette, a copy of the said schedule being published at
the same time, and lessees who are desirous of entering into the
agreement hereafter mentioned shall, within a period of 2 month
from the date of such notification signify repectively in writing
their acceptance of the portions of tbe land assigned to them on
the said plan. and their intention to enter an agreement;
(3) On the expiration of 2 months from the date of such
notification as aforesaid and within a futher period of one month,
it shall bd lawful for the Governor, if he thinks fit, to enter into
an agreement with the lessees indivdually who have signified their
acceptance and intention as aforesaid, such agreenment being upon
the terms and subject to the conditions set forth in the form in
the schedule; and the Governor is hereby empowered to dispose of
the reclaimed 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 agreed to be granted is discovered by either party thereto
prior to the granting of a Crown lease of such land, it shall be
lawful for the Governor-in-Council to rectify 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 his portion of land is dimished,shall have the
option, if be so elects, of cancelling the said agreement and there-
upon all moneys which he may have already paid shall be refunded
(5) Notwithstanding anything contained in the schedule to be
deposited in the said Office as aforesald or in any agreement entered
into in pursuance of this Ordinance no lessee shall be liable for
more than the actual cost of the reclamation of the land agreed
to be granted to him and of all works authorised by this Ordinance
in connexion 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 shall bear and pay such excess
or be entitled to the benefit 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 he thinks fit, award to him such a sum
of money or such a Grown lease of new land as he may, in his
absolute discretion, think sufficient as and by way of compensation
for any injury that such lessee may have sustained by the said
works;
[sub-secs. (7), (8), No. 62 of 1911.]
9. Except as in this Ordinance provided, no marine lot-holder
or other person shall be entitled as against the Crown to any damages
or compensation 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 recognize any
foreshore rights whatever as against the Crown; nor shall anything
in this Ordinance be deemed to affect any right or claim as between
lessees and Iheir sub-lesses or tenants inter se.
11.-(1) After the completion of the embankment the Govern-
ment shall keep and maintain the sea wall thereof and all the public
roads thereon out of moneys to be provided from the public
revenues.
(2) Except as aforesaid, the Governmment shall not be liable for
any deterioration, subsidence, or damage of and to the said em-
bankment.
[Schedule, rep. No. 6.2 of 1911.]
[NO. 11 of 1906]
To transfer to the General Revemue certain sums forming part of
the Praya Reclamation Fund. [28th Sept. 1906.]
WHEREAS the scheme for the reclamation of the Foreshore opposite
the city of Victoria authorised by the Praya Reclamation Ordi- nance, 1889, has been brought to completion: AND WHEREAS FOR
the purpose of such scheme a Fund known as 'The Pray
Reclamation Fund' was created by contributions from the
Marine Lot-holders including the Government: AND WHEREAS
it is expedient to close the accounts fo such Fund:AND
WHEREAS a sum has been set apart out of such Fund for the
payment of pensions to officers employed on such reclamation
AND WHEREAS there is a balance due by the said Fund to the
Government on account of contributions paid in excess out
General Revenue to the said Fund:-
1. The Praya Reclamation Fund Transfer Ordinance, 1906.
2. Such moneys forming part of Praya Reclamation Fund as at
the date of passing of this Oidinance have been set apart for the
payment of pensions to officers employed on the Praya Reclama-
tion, and such moneys as are required to defray the sums due to
the general revenue on account of contributions pald in excess to
the said Fund by the Government, are hereby transferred to and
shall form part of the general revenue free from any deduction by
way of contribution for tbe defence of the Colony notwithstanding
the provisions of The Defence Contribution Ordinance, 1901.
Short title. Words declared to the for 'public purpose'. Power to carry out works of reclamation, and to make deviations. Description of works authorised. Title to reclaimed land, and extinction of private right therein. Cost of works and agreements with lessees for contribution to such cost and acceptance of portions of reclaimed land. Barring of certain claims against the Crown. Saving as to foreshore rights. Maintenance of sea wall, road, etc. Short title. Moneys set apartfor payment of pensions to officers transferred to General Revenue. [No. 1 of 1901.]
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 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 provide 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:-
1. The Praya Reclamation Ordinance, 1889.
2. The works authorised by this Ordinance, 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 of this Ordinance, it shall be
lawful for the Governor to carry out the works authorised by this
Ordinance according to the plan and drawings deposited in
the Land 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 : Provided that the area of land to be disposed of
for building as shown upon the said plan sball not be unnecessarily
diminished.
[s. 4, rep.,No. 62 of 1911.]
5. The works authorised by this Ordinance comprise the follow-
ing
(1) the making of an embankment along the harbour front of
the City of Victoria with all necessary and convenient walls,
drains, wharves, piers, landing places,and other con-
veniences 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 Har-
bour;
(2) the making upon the said embankment of a public roadway
not less than 75 feet wide, and the widening out of the present
Praya roadway to a width of not less than 75 feet, with all neces-
sary and convenient approaches to the saine; and
(3) the reclaiming and enclosiiig and filling up of so much of
the foreshore and bed of the harbour aslies betweenn the present
Praya wall and the intended embankment, to such heights and
levels as may be determined by the Governor.
[s. 6, rep. No. 62 Of 1911]
4S nni6nded by No. 62 of 19JJ.1,
'1~ 1.1
7. All the land and foreshore and bed 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 intended reclama-
tion, 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 saine and to dispose of the same for building or any
other purpose in the same way and to as full an extent as in the case
of 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 user or possession or occupation of, in, over, or in any way in
relation to such land, foreshore, bed of the sea, embankment, re-
clamation, or Prava roadway and wall, or in relation to any wharf,
landing place, pier, or other place situate thereupon, are hereby
declared to be absolutely extinguished and determined.
8. whereas the Crown lessees or their assigns registered in the
Land Office at the clate of conmmencement of this Ordinance in
respect of the lots of land or sections thereof fronting the Praya
rondway along the line of the proposed reclamation (which persons,
with their exectors, admininstors, 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 incurred for and in
connexion with the works authorised by this Ordinance, provided
the Governor will grant to them respectively Crown leases of such
equitable proportion of the proposed reclamation as may be avail-
able,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 chaims of other lessees; AND WRFREAS
it has been agreed that the cost of the said works shall also include
a sum not exceeding 5,000 dollars for preliminary expenses, a sum
not exceeding 180,000 dollars by Way of compensation to owners
and occupiers of wharves and plers along the line of the proposed
reclamation, and a further sum not exceeding 105,000 dollars for
the purchase fo a portion of the land in course of reclamation
opposite Maring Lots Nos. 95, 96,97,98,and 105:-
(1) A further plan,signed by the surveyor General and counter
signed 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 at the Land Office
at the date of the commenencement of this Ordinance, shall be de-
posited at the said Office, and shall have annexed thererto a schedule
containing a list of the lessees of such lots of land and sections 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 notifled
in the Gazette, a copy of the said schedule being published at
the same time, and lessees who are desirous of entering into the
agreement hereafter mentioned shall, within a period of 2 month
from the date of such notification signify repectively in writing
their acceptance of the portions of tbe land assigned to them on
the said plan. and their intention to enter an agreement;
(3) On the expiration of 2 months from the date of such
notification as aforesaid and within a futher period of one month,
it shall bd lawful for the Governor, if he thinks fit, to enter into
an agreement with the lessees indivdually who have signified their
acceptance and intention as aforesaid, such agreenment being upon
the terms and subject to the conditions set forth in the form in
the schedule; and the Governor is hereby empowered to dispose of
the reclaimed 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 agreed to be granted is discovered by either party thereto
prior to the granting of a Crown lease of such land, it shall be
lawful for the Governor-in-Council to rectify 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 his portion of land is dimished,shall have the
option, if be so elects, of cancelling the said agreement and there-
upon all moneys which he may have already paid shall be refunded
(5) Notwithstanding anything contained in the schedule to be
deposited in the said Office as aforesald or in any agreement entered
into in pursuance of this Ordinance no lessee shall be liable for
more than the actual cost of the reclamation of the land agreed
to be granted to him and of all works authorised by this Ordinance
in connexion 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 shall bear and pay such excess
or be entitled to the benefit 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 he thinks fit, award to him such a sum
of money or such a Grown lease of new land as he may, in his
absolute discretion, think sufficient as and by way of compensation
for any injury that such lessee may have sustained by the said
works;
[sub-secs. (7), (8), No. 62 of 1911.]
9. Except as in this Ordinance provided, no marine lot-holder
or other person shall be entitled as against the Crown to any damages
or compensation 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 recognize any
foreshore rights whatever as against the Crown; nor shall anything
in this Ordinance be deemed to affect any right or claim as between
lessees and Iheir sub-lesses or tenants inter se.
11.-(1) After the completion of the embankment the Govern-
ment shall keep and maintain the sea wall thereof and all the public
roads thereon out of moneys to be provided from the public
revenues.
(2) Except as aforesaid, the Governmment shall not be liable for
any deterioration, subsidence, or damage of and to the said em-
bankment.
[Schedule, rep. No. 6.2 of 1911.]
[NO. 11 of 1906]
To transfer to the General Revemue certain sums forming part of
the Praya Reclamation Fund. [28th Sept. 1906.]
WHEREAS the scheme for the reclamation of the Foreshore opposite
the city of Victoria authorised by the Praya Reclamation Ordi- nance, 1889, has been brought to completion: AND WHEREAS FOR
the purpose of such scheme a Fund known as 'The Pray
Reclamation Fund' was created by contributions from the
Marine Lot-holders including the Government: AND WHEREAS
it is expedient to close the accounts fo such Fund:AND
WHEREAS a sum has been set apart out of such Fund for the
payment of pensions to officers employed on such reclamation
AND WHEREAS there is a balance due by the said Fund to the
Government on account of contributions paid in excess out
General Revenue to the said Fund:-
1. The Praya Reclamation Fund Transfer Ordinance, 1906.
2. Such moneys forming part of Praya Reclamation Fund as at
the date of passing of this Oidinance have been set apart for the
payment of pensions to officers employed on the Praya Reclama-
tion, and such moneys as are required to defray the sums due to
the general revenue on account of contributions pald in excess to
the said Fund by the Government, are hereby transferred to and
shall form part of the general revenue free from any deduction by
way of contribution for tbe defence of the Colony notwithstanding
the provisions of The Defence Contribution Ordinance, 1901.
Short title. Words declared to the for 'public purpose'. Power to carry out works of reclamation, and to make deviations. Description of works authorised. Title to reclaimed land, and extinction of private right therein. Cost of works and agreements with lessees for contribution to such cost and acceptance of portions of reclaimed land. Barring of certain claims against the Crown. Saving as to foreshore rights. Maintenance of sea wall, road, etc. Short title. Moneys set apartfor payment of pensions to officers transferred to General Revenue. [No. 1 of 1901.]
Abstract
Short title. Words declared to the for 'public purpose'. Power to carry out works of reclamation, and to make deviations. Description of works authorised. Title to reclaimed land, and extinction of private right therein. Cost of works and agreements with lessees for contribution to such cost and acceptance of portions of reclaimed land. Barring of certain claims against the Crown. Saving as to foreshore rights. Maintenance of sea wall, road, etc. Short title. Moneys set apartfor payment of pensions to officers transferred to General Revenue. [No. 1 of 1901.]
Identifier
https://oelawhk.lib.hku.hk/items/show/846
Edition
1912
Volume
v1
Cap / Ordinance No.
No. 6 of 1889
Number of Pages
6
Files
Collection
Historical Laws of Hong Kong Online
Citation
“PRAYA RECLAMATION ORDINANCE, 1889,” Historical Laws of Hong Kong Online, accessed January 23, 2025, https://oelawhk.lib.hku.hk/items/show/846.
