THE HONGKONG GOVERNMENT GAZETTE, 11TH MARCH, 1893.
Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-
1. This Ordinance may be cited for all purposes as The Praya Wharves and Piers Ordinance 1893.
2. Immediately after the coming into operation of this Ordinance, the Director of Public Works of this Colony together with WILLIAM DANDY, Esquiro, J.P. of Hong- kong, Civil Engineer, hereinafter called the Valuers, shall estimate the probable cost of the removal and re-erection in like situations, abutting on the new Praya, of the aforesaid five Government Public Piers and Wharves and of the whole of the private Piers and Wharves along the line of the said Reclamation, existing at the date of the passing of The Praya Reclamation Ordinance, and when the Valuers have agreed as to the amount of such estimate or in case of difference, when the Umpire, hereinafter mentioned, shall have decided the sum to be inserted they shall duly cause to be prepared a Schedule in which shall be entered.
The
(a) The names of the said five Government Public Piers and Wharves, viz.:-Murray Pier, Ped- dar's Wharf, Pottinger Street Pier, Harbour Master's Pier, and the Nam Pak Hong Pier, and the total estimated cost of removing and re-erecting the same in like situations abutting on the new Praya. In estimating such total cost, due deductions shall be made for structural depreciation at the time of the passing of The Praya Reclamation Ordinance 1889, amount thus estimated may be referred to as "The Public proportion of compensation." (b) The names or descriptions of each of the said private Wharves and Piers along the line of the said reclamation and the amount allotted as part compensation in respect of each of the said private Wharves and Piers. In estimating such amounts, due deductions shall be made for structural depreciation at the time of the passing of The Praya Reclamation Ordinance 1889, and due regard shall be had to the sum available for payment of such amounts after the Public proportion of compensation and the fees payable under Section 5 have been deducted from the sum of $180,000.
3. Should the said Valuers fail to agree in respect of any or all of the amounts to be entered in the aforesaid schedule they shall refer the matters in which they shall so fail to agree to
hereinafter called the 'Umpire,' who shall duly consider the respective views of the aforesaid Valuers and such facts or statements as they shall lay before him and decide the sum to be inserted in the said Schedule.
4. Such Schedule shall be in the form in Schedule A to this Ordinance. The Schedule when completed shall be signed by the said Valuers and also by the Umpire, if any amount contained therein has been decided by him, and shall be duly published in the Government Gazette, after which it shall be final and binding on all parties in respect of the amounts to be paid on account of each wharf and pier named therein.
5. The Governor is hereby empowered to direct payment to be made, out of the sum not exceeding $180,000, of such fees as he may consider fair and reasonable on account of the services rendered under this Ordinance by the said and the said WILLIAM
DANBY, Esquire.
6. The respective sums published in the aforesaid schedule shall be paid as hereinafter provided in Section 7 to the respective owners of each of the said Wharves or Piers on behalf of themselves and any occupiers entitled to par- ticipate in such compensation, unless before such payment notice in writing shall be given to the Colonial Secretary by the occupier or occupiers of any particular Wharf or Pier that be or they object to such payment being made in that particular instance to the owner, in which case as also in any case where the owner or occupier cannot be readily ascertained or where any other difficulty may arise the sum mentioned in the Schedule in respect of such Wharf or Pier may be paid into the Supreme Court on behalf of the persons entitled thereto, and any owner or occupier or person claiming to be entitled to the sum or any part thereof may apply to the said Court for payment out accordingly.
Short Title.
A-certain-
ment of compensation.
If valuers disagree umpire to
decide,
Form of schedule, which is to bind all parties.
Fega.
Tarment, how made.
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