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give the executive a general power to extinguish entirely
the rights of riparian owners. The enactment of such a
measure would not pass unnoticed in China; the Chinese
Government, it is feared, would be quick to seize upon such
an example so close to their own doors and would use it to
justify the assumption of similar powers in relation to
British riparian owners in China.
Possibly no harm would
result from this if there existed in Chinese law provisions
for fair compensation and machinery for giving effect to
them such as are contained in the draft Ordinance and the
Hong Kong Administration.
Unfortunately the Chinese
Government are only too prone to assume the status and the
powers of a well organised civilised state while yet
unready to discharge the corresponding duties and
obligations.
They would be very likely to select clauses
6 and 7 of the draft Ordinance for imitation while ignoring
or distorting those provisions which ensure fair treatment
for the dispossessed riparian owner.
6.
Sir John Simon does not propose to suggest specific
amendments to the draft Ordinance. He fears, however, that
if it is enacted in its present form the Foreign Office may
be deprived of a strong argument which has hitherto served
to protect British riparian owners in China. On the other
hand, if it were possible for the Colonial Administration to
achieve the end thay have in view by the method of passing
a special Ordinance for each public work that might be
contemplated the effect in China would be to strengthen
rather than weaken the hands of the Foreign Office.
7.
Sir John Simon does not wish specifically to
press