114
THE HONGKONG GOVERNMENT GAZETTE, 17TH MAY, 1884.
Saving of rights.
Cessation of Ordjuance
Power to sell to Govern-
Price to he fixed by
arbitration.
Power to Guvernor in Commeil to remove works.
Payment of compensation,
Duration of Ordinance,
Commence.
Giliunnet.
18. Nothing in this Ordinance, otherwise than as spe- cially enacted herein, shall be construed to interfere in any way with any existing rights in the land on which the said wharves or piers are to be constructed, or the lands or foreshore adjoining the same, and the powers and privileges given by this Ordinance are so given, saving and reserving always the rights of Her Majesty, and of all bodies politie and corporate, and of all other persons and those claiming by, from, and under them except as herein otherwise provided.
19. If at the end of the period of twenty years granted by Section 24 of this Ordinance, or at the end of any further period to which the Governor may by the said Section extend the same it appears to the Governor in Council that is expedient on public grounds (other than such failure to proeced or such disuse as is mentioned in Section 14 of this Ordinance), that the powers of the said FRANCIS BULKELEY JOHNSON his executors, administrators or assigns, under this Ordinance should cease the Governor in Council may order that such powers shall cease.
20. When such order is made the said FRANCIS BULKELEY JOHNSON his executors, administrators or assigns, shall have the option of selling to the Government to be disposed of for the public benefit in such manner as the Governor in Council may direct the piers wharves and other works or any part thereof, constructed under the powers of this Ordinance and in case of such sale the removal of the works and the restoration of the site to its former condition shall be carried out at the expense of the Government.
21. The price to be given for the said piers, wharves and other works shall be the price of construction and material less reasonable deduction for deterioration the whole to be finally determined in case of difference by an arbitrator to be agreed on between the Surveyor General for the time being and the said FRANCIS BULKELEY JOHNSON his exe- cutors, administrators or assigns.
22. If the said FRANCIS BULKELEY JOHNSON his exe- cutors, administrators or assigns, do not exercise their option to sell under the foregoing provision they shall (at the expense of the Government), remove the works and restore the site thereof to its former condition within a time to be fixed by the order of the Governor in Council and in the event of such order not being complied with within the time so specified or such further time as may be allowed by the Governor in Council, the Governor in Council shall have power to remove the works and restore the site thereof to its former condition at the costs of the said FRANCIS BULKELEY JOHNSON his executors, administrators and assigns, and the amount of such costs shall be a debt due to the Government and recoverable against the said FRANCIS BULKELEY JOHNSON his .executors, administrators and assigns accordingly.
23. When it is ordered under the provisions of this Ordinance that the powers of the said FRANCIS BULKELEY Jonsson his executors, administrators and assigns shall cease the Governor in Council shall order to be paid to the said FRANCIS BULKELEY JOHNSON his executors, adminis- trators and assigns out of the public revenues full compen- sation for all losses sustained by the said FRANCIS BULKELEY Joussox his executors, administrators or assigns by reason of such order, such compensation to be made in the same manner and upon the same principle as is provided for in Section 21 of this Ordinance.
24. This Ordinance shall continue in force for twenty years to be computed from the
day of
*, 1884. Provided always that the Governor in Council may, from time to time, so often as the Governor in Council shall think it expedient, by order, to be published in the Gazette, declare that the duration of this Ordinance shall be extended for any further term or terms not exceeding ten-years at a time, and thereupon this Ordinance shall continue in force for such extended period.
25. This Ordinance shall come into force on a day to be proclaimed by the Governor.
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