Widneas}
The Law Officers oft have admised that alienations and reclamations of the forestore and of territorial waters can be impeached only if there is a substantial interference with public nights, such as wonts constitute a
public miranes. (See opinion No 241 of 11 Nov. 1899).
11
The Attorney General of Hong Kong is of opinion that the lease and reclamation specifically referred to in there pa.
•pers wonts not involve
amy
invitantial interference with public nights such as to cause a points out that the reclamation now
Admiralty
public minisance;
and
being made by the
more serious invasion of those
nights and will not be protected by the proposed brdimaux.
operation
Henny
Cain
Ordinance has.
Under these circumstances and as an -ing (as is proposes in the drakt bidinance) a retrospective
be
time, I aques harred at any
with Sin Blake in thinking it is not expedient to proceed with the proposed legislation at the present time.
If, however, it is decided to proceed with it, them think cothe form of
the enactment shouts not he finally settled in. til the corresponding.
brought forward in the Straits settlements has been passed and approved, and that the Hong Kong bromance shouts as nearly do possible take the same form; and
measure
(23) an ordinance dealing with the Admiralty reclamation
shouts be passed at the same time.
now im
progress
M.A.B.
1/12.
1. Wait till the Straits Ordinance
is sent home and sanctioned.
"Wait (Pd. 17
C
485.
17628
closure
sir,
40
[REC:
392
REGT 10 DEC 00
Government House,
HongKong, 8th November, 1900.
With reference to paragraph 9 of your
despatch No.190 of the 15th. June last, in which you request me
to consider whether similar legislation to that contemplated
in the Straits Settlements to validate Crown leases of fore-
shore and sea bed should be created and brought into force
in HongKong, I have the honour to inform you that I have giv
en the matter my best consideration and I am not convinced
that legislation of the kind indicated is necessary in this
Colony.
2. I attach a Report on the subject by
Nov: 1900 the Attorney General, and a draft bill which I propose to in-
nel: D off Bill 2 copies)
troduce if you are of opinion that legislature is expedient
3. With the exception of the Naval Works
now in progress there has been no serious interference with
publis rights in the past; and as such a bill with retrospec-
tive action can be brought forward at any time it is a ques-
tion whether it is necessary to open the question at present.
I have the honour to be,
GWJ 148]
he Right Honourable
15
80..
JOSEPH CHAMBERLA IN, M.P.
30..
0..
17 at once
Sir,
Your most obedient humble servant,
GOVERNOR, &C.,