OOP Y.
Honourable Acting Attorney General;
Please advise.
70
(Signed.) J.H. Stewart Lockhart,
Colonial Secretary.
25-9-99.
Honourable Colonial Secretary.
Mr. May's minute of the 22nd instant throws a considerable amount of new light upon the facts of the case, and enables one to form a fairly correct idea of the actual circumstances.
I have during the last few days had the opportunity of considering more closely than heretofore (see my minute dated 21-8-99) the question of the ownership of the foreshore, and I am bound to confess that I have such doubts as to whether we could succeed in proving our ownership of the foreshore in question that, especially in view of recent disturbances, I do not think that it would be wise for us to risk taking the course which I suggested in my minute of the 7th instant or to do anything which would involve our putting forward a claim to the foreshore.
After looking somewhat closely into the question of the jurisdiction of the Court of Admiralty, I have arrived at the conclusion that, in his minute of the 7th ultimo, Mr. Bruce Shepherd carries his argument as to Admiralty jurisdiction somewhat too far, because, so far as I can make out from the authorities, our Admiralty jurisdiction would only extend to that portion of the foreshore in question, which lies between high and low water mark, at times when the tide is up.
See