HARBOUR OF REFUGE ORDINANCE, 1909

HARBOUR OF REFUGE ORDINANCE, 1909

No. 39 of 1909.
To authorise the construction and maintenance of a Harbour of
Refuge at aikoktsio, Mongkoktsui, and Yaumati
[12th November, 1909.]



1. The Harbour of Refuge Ordinwice, 1909.

[12th November, 1909.]

2.-(11) It shall be, lawful for the Governor to construct and main-
tain upon and over the bed of the sea and foreshore between the
south-western cornet, of Rowloon Marine Lot No. 32 nod the north-
western corner of Kowloon Maxine f jot No. 49 at Taikoktsui,
Mongkoktsui, and Yamnati, the works authorised by this Ordinance
within the limits shewn and delineated in red upon a plan signed by
the Director of Public Works and countersigned by the Colonial
Secretar , dated 11th Noveinber, 1909, and deposited in the Public

Works Office.

(2) The Governor may make such alterations in the said works
as he may deem expedient so long as such works- do not extend
beyond the limits shewn by red chain-dotted lines on the said plan
and marked ---Harbom. of Refoge, Boundary -, and do not when
completed interfere with direct access to the sea along the whole
of the western frontaues of Kowloon Narube Lots 3.2 and 49 : Pro-
vided that the sea wall protecting any reelaniation of the foreshore
or sea bed adjoining and lying to the south of Kowloon Marine Lot
312) shall not be altered so as to extend to the westward of the position
shown on the said plan.

(3) During the construction of the said works, such cofferdams,
~1
stagings, and otber accessory works as may be necessary or con-
venient for the execution of the said works, may be. temporarily con-
structed and maintained within the limits specified in sub-section (2).

3. A duplicate of the said plan signed and countersigned as afore-
said shall be deposited in the Land Office.

4. The works authorised by this Ordinance comprise the follow-
ing :-

(1) The constructing of a detached rubble-mound ind breakwater
1
commencing at a point about 1,000 feet south by east of the south-
western corner of Kowloon Marine Lot 32, and terminating at a

As amended by No. 12 of 1912.
+ As amended by No. 12 of 1912 and No. 13 of 1912~
As amended by No. 60 of 1911.





point about 900 feet west by north of the north-western corner of
Kowloon Maxine Lot 49; the said breakwater to be constructed
entirely on the. sea bed of the harbour.

(2) The constructing of a masonry jetty commencing at the
western end of'Saigon Street, and terminating at a point about 450
feet west by north of the point of commencement; the said jetty to
be constructed on the foreshore and sea bed of the harbour.

(3) The reclaiming of a portion of the foreshore or sea bed adjoin-
0
ing and lying to the sotith of Eowloon _Marine Lot 32, and the
protecting of the area so reclaimed bs, means of walls and other
necessary works.

(4) The levelling and reclaiming of the area, of Crown land,
foreshore, or sea bed bounded as follows :-On the north by Public
Square Street: on the east by Reclaination Street, Eowloon Inland
Lots .563 and .562, and Canton Road ; on the south by Kowloon
Inland Lots 555 and Battery Street, Eowloon Inland Lots -563
and 56-5, Canton Road, and Salgon Street : and on the west by
imaginary lines connecting a point on the north side of Saigon
Street and about .2.50 feet distant from the west side of Canton Road
with a, point on the south side of Public Square Street and opposite
to the south-western corner of Kowloon Marine Lot 39.

5. It shall be lawful for the Governor to remove, destroy, divert,
stop tip, raise, lower, enclose, or otherwise alter such streets, drains,
sewers, vacant ground, wharves, piers, landing places, rails and
other things as may, in the discretion of the Governor, be necessary
or desirable for the purpose of effecting the works authorised by this
Ordinance.

6. The Governor shall maintain the said refuge works out o
moneys to be provided from the general revenne.

7. So far as the said works (includiDg any accessory works) have
heretofore been constructed and maintained. such construction and
maintenance is hereby validated.

8. All public and private rights of navigation or fishing, and all
public and private rights of access, tiser, possession or occupation,
and all other public or private rights (if anv) in, upon, and over such
portions of the land, sea. bed and foreshore as are or shall be occupied

* As aiiieiidecl by No. 12 of 1912.





by the said works, are hereby determined, and shall be deemed to
have ceased to exist prior to the commencement of the said worhs.

9. Nothing in this Ordinance shall be in derogation of any of the
powers or rights of the Crown in ewspect of said sea bed and
foreshore.


10. The land, bed of the sea, and foreshore levelled or reclainled
tinder this Ordinance is hereby declared to absolutely the propertY
of the Crown, free from any restriction whatever, and may be dealt
with and disposed of as any other Crown lands.

11. Nothirilg in this Ordinance shall be deemed to recognise any
foreshore rights whatever against the Crown, nor shall anything in
this Ordinance be deemed to affect any right or claim as between.

12.-(1) Any of the persons whose names appear in the Land
Office as the registered owners of Kowloon arine Losts 20,20 or 31,
or of any section or sub-section having a frontage on Reclamation
Street of either of the said Lots or of Kowloon Marine Lot 31 (who
are hereinafter referred toas the claimants ) hall, if they deem that
their property may be injuriously affected by reason of its access to
the sea being interfered with by the works authorised by this Orid-
namce, on or before 31st December, 1909, deliver to the Director
of Public Works particulars in writing of such injurious affecting
and of their claims in respect thereof, and the Governor may, if he
thinks fit, a ward to any such slaiimant such a sum of money, or such
a Crown lease of any portion of the area to be levelled and reclaimed
under the authority of this Ordinace, as he may in his discretion
think sufficient as and by way of compensation for any such in-
jurious affecting, and the Director of Public Works shall notify any
such clamant in writng of the amount or Crown lease so awarded.

(2) The Governor may instead of awarding any compensation
under this section enter into an agreement with any claimant for
the compromise or settlement of any claim as the Governor may
think fit.

(3) Whenever any claimant shall be dissatisfied with the com-
pensation awarded by the Governor under this section such claimant
may within 4 weeks from the date of such notification as aforesaid




* As ~iijieiid(.~cl by No. 6 of 1911, N70. 12 of 1912 and No. 13 of 1912.
notify the Director of Public Works in writing accordingly, and the
Governor shall refer such clairn with the particulars thereof to one
of the Judges. Such -judge shall hear any evidence which either the
Pirector of Public or the clannant inay wish to tender and,.
11 so desired, hear counsel or solicitors on behalf of the Crown and
the claimant, and shall determine the amount ol compensation, if
any, to he pald to any- such clainiant for any such injurious affecting
as is deseribed in stib-section (1) of this section, and may award costs
in his discretion either for or against the Crown or for or against any

parties claiming compensation, such costs in case of difference to be
settled by the Registrar of the Supreme Court

(4) No appeal shall lie from any award or decision of a Judge
under this section.

13. For the purposes of the hearing of any clalin for compensa-
tion such Itjd-e shall have powers similar to those vested in the
c
Supreme Court on the occasion of any action in respect of the
following inatters :-
(a) enloreing the attendance orand examining them
upon oath, or otherwise ; -
(b) conipelling the production of docinuent's,
(c) punishing persons gnilty of contempt
(d) ordrering inspection of any prernises . and
(e) entering upon and viewing of any premises.
Short title. Authority to construct and maintain certain Harbour of Refuge works. Duplicate plan. Works authorised. Power of Governor for purposes of effecting works. Maintenance of works. Past work legalized. Determination of public and private rights. Saving rights of Crown Property in reclaimed foreshore and sea bed vested in Crown. Foreshore rights not recognized. Provision for claims for injurious affecting certain Marine Lots. Powers of Judge in claims for compensation.

Short title. Authority to construct and maintain certain Harbour of Refuge works. Duplicate plan. Works authorised. Power of Governor for purposes of effecting works. Maintenance of works. Past work legalized. Determination of public and private rights. Saving rights of Crown Property in reclaimed foreshore and sea bed vested in Crown. Foreshore rights not recognized. Provision for claims for injurious affecting certain Marine Lots. Powers of Judge in claims for compensation.

https://oelawhk.lib.hku.hk/items/show/971

1912

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No. 39 of 1909

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