The wording of the Foreshores and Sea Bed Ordinance, 1901, has, however, given rise to doubts as to the legality of permitting the erection and maintenance of piers, unless the preliminary requirements of that Ordinance have been complied with. This has occasioned much public inconvenience.
Where a Lease of the actual soil of foreshore and sea bed becomes necessary, as, for instance, for a wharf of solid masonry, it may be practicable to comply with the requirements of the Ordinance. But in the case of ordinary piers the only thing granted and demised is “the right of erecting and maintaining a pier in, upon, over, across, and above, so much of the Crown foreshore and Crown land covered with water, situate at.........as is shown on the plan hereto annexed and thereon coloured red” (see ordinary printed Form in use). Here it would seem strange to insert a covenant, for instance, “reserving to the Crown all mines and minerals under the demised lands," see section 4 (s-s. iii) of Ordinance 21 of 1901, especially as no lands are actually demised. Yet this is required, if the Foreshores and Sea Bed Ordinance applies to such piers.
It was only quite recently that the Pier question was supposed to be settled by Ordinance No. 37 of 1899, as amended by Ordinance No. 17 of 1900, and it was not intended to affect that settlement by the Foreshores and Sea Bed Ordinance.
It appears, therefore, to be best, in the interests of the Colony, to provide that such Ordinance shall not be deemed to extend to cases where only the right of erecting and maintaining a pier or wharf in, upon, over, across, and above, Crown foreshore and Crown land covered with water is granted or demised, and that it shall not apply in any case where, in the opinion of the Governor in Council, no substantial interference with public rights of navigation or fishing is likely to result from a demise of Crown foreshore or sea bed.
Alfredly Wire
Acting Attorney General.
DRAFT.
You
29213
Haykay No. 206
Jovenver
MINUTE.
Sir H.A. Blake
Jr. Fiddian 1/8
Johnson
Mr. Antrobus.
Mr. Cor.
7
Mr. Lucas.
Mr. Graham.
Sir M. Ommanney.
Earl of Onslow,
Mr. Chamberlain.
I have the honour to
ach. the rec" of Sin
of
W. J. Gascogon's despatch
No. 250 of the 13th June last forwarding for the signification of H.M.'s pleasure Order
No. 11 of 1902 of the Legislature of HongKong, entitled, "An Order to exempt certain Crown Leases and
Agreements for Crown
Leaves
and Permits