not at all.
But I do not think the sub-section (1) ought to be allowed. The right of the Marine lot holders and ... are hardly to be thought of in Council of the ... the opinion of the Governor in Council ought to stand as laid down in Article of the Shails & Hongkong, that due notice must be given to the public before Crown foreshore be granted.
...
Government House, Hongkong, 13th June, 1902.
Sir,
I have the honour to transmit for the information of His Majesty's pleasure the following Ordinance entitled "An Ordinance to exempt certain Crown Leases and Agreements for Crown Leases, and Permits granted by the Crown, from the operation of sections 3 and 4 of the Foreshores and Sea Bed Ordinance, 1891", No. 11 of 1902.
The customary Report by the Attorney General is entered ... that sec 1 (1) of this order should not be allowed. It is too general in its terms and would allow the Crown in Council to make orders of great import without special consideration.
The object of this order appears to be to withdraw piers erected under Crown leases since Oct 5, 1900 from the terms of the order 21 of 1901. As piers have been erected and leases granted in breach of those terms, some validation of this kind is, I suppose, necessary. But, why should piers be withdrawn from the operation of order 2 of 1900 for the future? The Acting A.G. does not think it necessary or appropriate to exempt "ordinary piers" - by which he appears to mean structures erected on piles.
To proceed ... why grant a lease for their erection? Surely, the Crown could grant a licence, terminable at will, to erect such a structure on the foreshore. To suggest this form seems, perhaps, only to complicate matters, and it would perhaps be sufficient to disallow sec 1 (1).
I ask for further explanation of Sec 1(2) and defer sanction...
Enclosure
(Please send 6 spare copies.)
Luclosure 2.
The Right Honourable JOSEPH CHAMBERLAIN, M.P.
etc., etc.,
I have the honour to be,
Sir,
Your most obedient servant,
Hamilton Stewart,
M.J. Goddard,
Major-General, Administering the Government.
Page 27.