the owners of neighbouring lots found that they
had been injuriously affected although they had
no reason to anticipate it before the undertaking
was begun.
Clause 7 (3).
Words should be added to provide that if
the claim were in respect of a sum exceeding
$1,000 (or whatever the present limit is to warrant
the case being heard in the Supreme Court) it
should be heard before the Chief Justice.
The claimant should be allowed to amend his
Statement of Claim when the case is to be heard
before a Judge.
In line 1 it should be made clear that the
word "acceptable" is to be interpreted as meaning
acceptable to the claimant.
Clause 7 (6).
This should be qualified so as to allow a
right of appeal up to the Privy Council on a
point of law although not on a simple question of
the amount of compensation awarded.
Clause 10 (1).
What exactly does the word answerable"
mean? In any case, in view of the exceptional
conditions, e.g. typhoons, which are met with in
Hong Kong, the liability of the owner of a vessel
or float should only be founded on negligence.
Finally, Mr. Looker said that many people
still held the view which was put forward in the
criticisms of the earlier Bill that the Bill should
provide that the Government may not contemplate any
undertaking which would have the effect of destroying
any
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any existing private enterprise, e.g. reclaiming
the foreshore in front of any of the Dock
Companies, but on that point I suggested to
him that whether or not it was likely that the
Government would do any such thing, it would
nevertheless, I should say, be asking too much
of the Government to insert a clause depriving
them of the power in the ultimate resort to
take whatever steps might be necessary in any
contingency in the public interest, and I drew
his attention to the terms of Clause 11.
No doubt the question of compensation which
any such drastic action on the part of the
Government might involve would ensure that the
Government would not decide in favour of any
such undertaking without the most serious
reason. But it would surely be impossible
for any Government to bind itself in the way
he suggested in respect of existing enterprises.
Mr. Looker said that he quite understood the
force of this opinion and he would propose to
include it in his memorandum to the China
Association.
He finally said that if
Mr. Cowell wished to discuss these points with
him further he would be happy to come along
after a month's time during which he is going
on a cruise. He agreed with me that many of
the points he had raised were drafting points
which might be corrected at the Committee stage
of the Bill,
Pending
ending any formal reference
to the Colonial Office by the Governor or by
the China Association, this paper can be put by.
Der Gent
27/2/36