CASE FOR OPINION OF COUNSEL.
31
Inland Lot No. 1336.
The Tai Koo Sugar Refining Co. Ltd.'s Reservoir.
The opinion and advice of Eldon Potter, Esquire, K.C. is
sought by the Hong Kong Government in the above matter.
In 1893 the Tai Koo Sugar Refining Co. Ltd. approa-
ched the Hong Kong Government with a view to the acquisi-
tion of a piece of land above Shaukiwan Road for the
purpose of water storage: the motive put forward being
the supply of water to the Company's Refinery.
The piece of land indicated was favourably placed
for a reservoir as certain streams from the hillsides
passed through it; in addition the hillsides provided
catchment areas.
The Government, being disposed to consider the
application favourably, took the matter up.
The preliminary question arose, viz. who owns the
lower lands, and how would the rights to continuance
of the flow of water in its ancient and defined channels,
unpolluted and undiminished, reasonable use excepted, be
affected ?
The Government was, with the exception of one Lot
Inland Lot No. 897 which had water rights, alone
concerned with such continued flow of water between the
proposed site and the sea into which the streams dischar-
ged.
The Government was willing to allow the water rights
to all lower lands to be in effect extinguished, subject
of course to an arrangement being come to with the owner
1.