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1.
The situation contemplated by the Foreshores and Sea Bed Ordinance, 1901, was,
(1) The soil of the sea, part of the Colony of
Hong Kong, is vested in the Crown. Such vesting
or ownership is subject to public rights of
navigation and fishing. Subject to such public
rights, and without resort to any statutory
authority, the soil of the sea may be granted by
the Crown.
(2) Point (1) supra had been overlooked or dis-
regarded and portions of the seabed had been
demised by Crown lease, and in many cases
reclaimed.
(3) In addition to demises of portions of the
foreshores and seabed, referred to in (2) there
had been other grants; these were not grants of
the soil or portions of the Crown foreshores and
seabed but of the right to erect and maintain
piers, the structures of which belonged and belong
to the grantees, over certain unleased portions
of such foreshores and seabed, and at 'rents' (sic)
authorised by the Piers Ordinance, 1899, (No.11 of
1899). Here again point (1) supra had been
overlooked or disregarded.
(4) The growth of the Colony having commenced on or
near the foreshores, and the development thereof
having continued largely upon the areas bordering
the sea, it was desirable that the continuation
of the leasing of further portions of the foreshores
and seabed should be placed on a sure footing, and
at the same time that existing grants should be
validated.
(5) Owners of the demised portions of the Crown
foreshores and seabed had always been active in
claiming or asserting private rights of access to
the