MEMORANDUM
re
123
HONGKONG FORESHORE & SEABED WORKS ORDINANCE
1932.
While the purpose of the Bill as indicated by its objects and reasons is primarily to construct Piers and other Public Works, afford- ing Harbour facilities the language purporting to give effect to these objects is of so indefinite a nature that it is not possible to determine what limitation, or whether any limitation, is placed upon the exercise
of the powers contained in the Bill.
The language used is wide enough and indefinite enough to cover
the following powers or, at least, is not so precise that it can be said
with certainty that it does not cover them.
(1) The provision of Docking facilities and repair and
construction of ships.
(2) The repair or alteration of vessels using the Harbour.
(3) The provision of Wharves, Piers, Tramways and Godowns
for cargo purposes and the Warehousing of cargo. The erection of godowns for customs purposes including bonded warehouses and the receipt of goods into such warehouses for storage purposesand their delivery therefrom.
(4)
(5)
The erection of Piers for Ferry purposes and of shipyards
for constructing Ferry boats and the construction of such boats.
(6) The removal of existing Piers and landing places whether
for passengers or goods.
All these powers are specifically taken in the Bill or, at least,
it is not possible to say they are not specifically taken.
H
Where any doubt exists as to whether any of such powers is conferred by the Bill the decision of the Governor is to determine the questions
and this decision is to be in his discretion in accordance with his view
as to what the general intention of the Bill might be. There is nothing but the language used in the Bill to show what the general in- tention of the Bill is and that language is wide enough and vague enough
to embrace all the possibilities above referred to. The phrase "public works" would cover any works of any nature constructed out of
public funds.