C1'd
P.
Д
(1)
Gov. conf.
30.4.35.
Ref. (37) on 13717/1/33, submits draft Bill.
2
I annex a memorandum which summarises the
objections raised to the last draft of the Hong Kong
Foreshore and Sea Bed Works Bill ((17) in 13717/1/33).
It will be seen that the Secretary of State, the
Foreign Office and the China Association all for
various reasons urged that the proposal to confer on
the Hong Kong Government by Ordinance general powers
to interfere with private rights for the purpose of
executing public works not specifically defined in
the Ordinance should be abandoned, and that instead
a special ad hoc Ordinance should be passed every
time a specific public work was in contemplation
which would injuriously affect private rights.
suggested alternative policy is now to be adopted.
The present Bill does two things:-
(1) Part I validates certain undertakings
specified in the schedule which have been completed
or commenced on unleased Crown foreshore or sea bed,
and extinguishes without compensation all public and
private rights in the area occupied or to be
occupied by them.
This
There is no reason for believing
that any objection would be raised by anybody to
this. It is apparent from paragraphs 4 and 5 of (38)
in 13717/1/33 that the China Association do not
object to validating existing works, but only to
validating in advance any unspecified works which the
Government may like to undertake, and the Objects
and Reasons state that the works in question have
all been undertaken without protest.
(2)