B
authorized by him in writing, to re-enter on such land, foreshore, and sea bed, or on any portion thereof in the name of the whole, and thereupon the same shall be forfeited to and rest in the Crown.
(i.) Such covenants and provisos as shall be approved in each case by the Governor in Council with regard to the construction and use of any works to be made and done upon the said land and as to the time within which such works shall be commenced and completed.
(iii) A reservation to the Crown of all mines and
minerals under the demised lands.
5. Nothing in this Ordinance shall be in derogation of Saving of any of the powers or rights of the Crown in respect of the rights of the foreshore or of the territorial waters of this Colony.
Objects and Reasons.
1. A very large number of Crown leases including in the demised land portions of the foreshore and sea bed have, from time to time, been granted in this Colony, most frequently for purposes of reclamation and with a view to meet the requirements of commerce and to facilitate the handling of the large traffic of Hongkong.
2. Owing to the extremely limited quantity of level ground with a deep water frontage provided by nature in this Colony, extensive reclamations have been absolutely necessary, not only for sanitary reasons but to enable the trade of the port to be carried out.
3. This necessity has been universally recognized and, although in theory the granting of leases of portions of the foreshore and of the sea bed thereto adjacent may to some slight extent interfere with public rights of fishing and navigation, it luas, nevertheless, been felt that the public and the Colony as a whole have been gainers by the recla mariens rather than losers.
4. The most extensive reclamations bitherto carried out, as for instance the Praya Reclamation now nearing com- pletion, have been undertaken under statutory authority.
In the numerous cases where such authority has not been obtained, the interference with public rights has in fact been for the most part so insignificant as to occasion little or no public inconvenience and to call forth no com- plaint.
The public rights of fishing and navigation have been interfered with rather in theory than in substance.
5. It is, however, desirable to obtain statutory validity for such past Crown leases as have, even to a triting extent, interfered with public rights, and also to obtain statutory authority for the granting in the future of Crown leases of portions of the foreshore or bed of the sea in cases where the Governor in Council considers such leases expedient.
6. The proviso in section 2 is inserted to prevent any interference with questions sub judice regarding Lantao Marine Lot No. 1, the ultimate decision of which may pos- sibly affect the adjoining lot.
7. The further proviso in section 3 is to make it clear that it is not intended to interfere with the rights, or alleged rights, of marine lot holders, with regard to sea acness in front of their respective lots.
8. When the agreement for granting a lease requires the laying out of certain sums in building, &c. within a certain time, the actual granting of the lease is usually held over till the conditions have been fulfilled. This is why it has been deemed necessary to insert the words "and all agreements for the graut of such leases." These should be also validated.
W. MEIGH Goodman, Attorney GeneTUL,
Crown.
401
W