FORESHORES AND SEA BED ORDINANCE, 1901

FORESHORES AND SEA BED ORDINANCE, 1901

No. 15 of 1901.

To validate Crown Leases of Foreshoreand Submerged Lands
for Reclamation, and to facilitate the making of such
Leases. [5th October, 1901.]
WHEREAs divers Crown leases of portions of the foreshore and sea
bed have been granted by the Governor in the name and on behalf
of His Majesty and of Her late Majesty Queen Victoria, for re-
clamation 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,
and it is expedient to remove such doubts, and also to make
provision for the making of such leases and agreements in the
future:-

1. The Foreshores and Sea Bed Ordinance, 1901.

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 : Provided that this
section shall not be deemed in any way to affect the Crown lease of
Lantao Marine Lot No. 2.

3. It shall be lawful for the Governor 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 authorise, of
the foreshore and sea bed within the limits of the waters of the
Colony, and 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 be expedient to be granted for the purpose
of reclarnation, harbour improvenaent, or building, or for the con-
struction of docks, slips, piers, or wharves, or in view of the require-
ments 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 one month and shall be published by proclamation in the Chinese
language, which proclamation shall be publicly posted in some suit-
able place near the site of the said property, together with a notice

As amended by No. 1 of 1912.
As amended by No. 12 of 1903, No. 41 of 19^ No. 50 of 1911,
No. 1 of 1912 and No. 8 of 1012.





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 one nionth, and all such
objections shall be dulv considered by the Governor-in-Cnvil:
Provided, also, that this section shall not be deemed to authorise.
the grant of 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.
So much of the provision of this section as requires the insertion
in the Gazette of the terms of the Crown leases propwled to be made
under this Ordinance with a description of the property intended
to be demised shall not 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 under the providons of this Ordi-
nance 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 right, 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-
(1) 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 licence 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 authorised by him
in writing, to re-enter on such land, foreshore, and sea bed, or on
any portion thereof in the name of the wbole, 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

0
As amended by No. 1 of 1912 and No. 2 of 1912.
(3) a reservgtion 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.
All such grants, demises, and permits inay be made or granted by
the Crown subject, where applicable, to the provisions of the Piers
Ordinance, 1899, and shal not be deemed to infringe any public
rights or alleged public rights of navigation or fishing.

Provided that nothing, in this section shall be deerfied to derogate
from the special rights of sea access (if any) of any holder of any
marine lot, holding under a Crown lease.

6. All piers erected since 5th October, 1901, with the permission
of the Government, shali 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 Cro-wii in respect of the foreshore or of the
waters of this Colony.
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. Section 3 and 4 not to apply to certain cases. No.11 of 1899. Piers erected since 5th October 1901 to be deemed legally erected. Saving of powers and rights of the Crown.

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. Section 3 and 4 not to apply to certain cases. No.11 of 1899. 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/920

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