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3
1257.
inflicting on any Company affected the irremediable consequences I have outlined or in so far as the Government may assert such innocence, it is significant to note that the application for the exemption of the Electric Company from the operation of the Bill was refused on the ground that compensation was provided for and that the exemption was claimed on the ground of loss of efficiency as a public utility Company for which no compensation could adequately provide a recompense.
To sum up.
Marine Rights in the general or particular can only be taken away in any case where works have been carried out affecting such rights. In other cases they remain.
The compensation clauses appear to be satisfactory since they embrace damage of all descriptions and are not confined to damage from loss of sea access.
Certain kinds of works the Government appear to be authorised to carry out might so affect the undertaking of a particular lot holder that no compensation could recompense him.
Power appears to be reserved to the Government to carry on certain businesses in connection with shipping and transport facilities in competition with existing private undertakings.
It should be made clear that nothing in the Bill shall be deemed to authorize sthe Government to carry out any works which are calculated to interfere with the effective conduct of, or compete with, any exist- ing enterprises providing facilities for the public or public utility services which are dependent for the provision of such facilities or services on their existing rights of access to the sea.
The Bill should also contain a provision that noworks should be considered or approved by the Legislative Council or the Finance Committe until notice of the proposed works had been given to any person whose property or rights might be affected by them and an opportunity given to any such person of formulating objections to or representations in re- spect of the proposed works and such objections or representations had been duly considered by the Council or the Committee.
Any person claiming compensation should have the right to call for