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7. The objects of this Bill are different. They are first to validate the extinction of any public or private rights which might be considered to subsist in the works enumerated in the Schedule, which, as has been stated, have been under- taken without complaint; and, secondly, to make provision for a scheme of notice and compensation which is to be applied in the case of future Ordinances authorising under- takings of this nature.
8. Clause 1 is the Short title.
9. Clause 2 validates the undertakings enumerated in the Schedule.
10. Clause 3 applies the provisions of clause 10 to the Fipe Lines and other undertakings set out in the Schedule.
11. Clause 4. which is derived from section 1 of the Lands Clauses Consolidation Act, 1845, enacts that the clauses which follow shall, unless expressly excepted or varied, be deemed to be incorporated in any future Ordinance authorising any undertaking for reclamation or other works of a public nature over and upon unleased Crown foreshore and sea bed provisionally and subject to the definitive approval of the Governor in Council.
12 Clause 5 deals with the notification of the authorised undertaking. the hearing of objections, the publication of definitive approval and the commencement of the execution of the work. It may he compared with section 2 of Ordinance No. 26 of 1932.
13. Clause 6 provides, subject to the provisions of clauses 7, 8 and 9, for the extinction of rights upon the publication of the definitive approval. It is derived from section 8 of Ordinance No. 39 of 1909.
14. Clause 7 makes provision for the payment of com- pensation where private rights are affected. It is derived from section 12 of Ordinance No. 39 of 1909 and from section 2 of Ordinance No. 26 of 1932; but express provision is made for pleadings and discovery where necessary for the proper determination of the issues, and an appeal as of right to the Full Court is given from any award or decision of a judge under the clause.
15. Clause 8 deals with the powers of the judge in claims for compensation and is identical with section 13 of Ordinance No. 39 of 1909.
16. Clause 9 makes it clear that the authorising Ordinance will not create new rights; and that to obtain compensation under the clauses of this Ordinance claimants must prove that enforceable rights existed independently of either Ordinance.
17. Clause 10 (1) is derived from section 74 of the Harbours, Docks and Piers Clauses Act, 1847, (10 and 11 Vict. c. 27). It is designed for the protection of the undertakings authorised or validated by Ordinance and is considered necessary especially for the protection of the Cross-Harbour Pipe Lines. The proviso to section 74 of the Act of 1847 is omitted as pilotage is not compulsory in the Colony (cf. Ordinance No. 11 of 1930, ss. 11 and 28). But a new proviso has been added exempting owners from liability, in the absence
of negligence by themselves or their employees, where the damage was occasioned through stress of weather conditions at a time when typhoon signals Nos. 9 or 10 are displayed by the Royal Observatory.
18. Clause 10(2) provides for claims and other proceed- ings by the Government under this section being brought in the name of the Attorney General (ef. Ordinance No. 10 of 1899, s. 17 (7)).
19. Clause 10 (3) makes it clear that proceedings in rem cannot be taken against a British or foreign warship (see Hailsham's Halsbury Vol. I paragraphs 121 and 122).
20. Clause 11 saves the rights of the Crown and is derived from section 9 of Ordinance No. 39 of 1909.
21. Clause 12 saves the rights of the Admiralty in respect of the Royal Naval Yard area (v. Despatch No. 130 from the Secretary of State dated 7.5.32).
22. The Bill was submitted to the Secretary of State, who has approved of proceeding with its enactment in its present form.
August, 1936.
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Attorney General,
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