53

provided that there is no discrimination and

that adequate compensation is paid. Two

recent cases will help to illustrate the

position, though neither is quite straight-

forward.

The first is the scheme for reclamation

of foreshore, some half-mile in length in

front of a number of foreign properties on the

Kakchiot side of Swatow Harbour.

The case was

complicated by the claims of a private

individual, Ch'en Hsing-ko, based on deeds

purporting to date from 1862, but settlement

has now been reached apparently on the basis of

a right of preemption being offered to each

resident in respect of land reclaimed in front

of his property.

The second case concerns the proposal of

the city Government of greater Shanghai to

expropriate twenty-five feet of wharf frontage

at Lanidoo, the property of Messrs. Butterfield

and Swire, and one hundred and fifty feet from

the Asiatic Petroleum Company's Lower wharf in

Pootung, and to use the space for the purpose

of constructing ferry pontoons. Here too the

matter is complicated by the fact that,

although "shengko" tax (i.e. fees for the issue

of title deeds to accreted land) was paid to

the Whangpoo Conservancy Board, no title deeds

had been granted, and the City Government of

Greater Shanghai claimed that the two

companies had no legal right to the properties

in

Share This Page