Addition of
2
Council under subsection (3) of section 3B, or by the Governor under section 3C, to be expedient to be granted for the purpose of reclamation, harbour improvement or building, or for the construction of docks, slips, piers or wharves, or in view of the requirements of manufactures, commerce or traffic, or for any other purpose whatsoever.”.
3. The principal Ordinance is amended by the addition of the
new sections. following new sections—
"Notification. JA. (1) Notification of every lease proposed to be of proposed
granted under section 3 shall be published- lease.
Objections
to lensc.
After con- sidering objections Governor in Council may declare it expedient- that lease should be granted
(a) in three issues of the Gazette, and
(5) in three issues of at least one English language and two Chinese language daily newspapers; and
(c) by posting the same in the English and Chinese languages at some suitable place near the site of the property intended to be demised.
(2) A notification under subsection (1) shall-
(a) set out the terms of the lease proposed to be made and a description of the property intended to be demised; and
(b) contain a notice calling upon all persons having objections to the granting of such lease, and also all persons who deem that their property may be injuriously affected by reason of the access of such property to the sea being interfered with by the granting of such lease and who claim com- pensation in respect thereof, to send in their objections or claims in writing to the Director of Public Works before the expiration of such period, being not less than two months after the date of the first issue of the Gazette in which the notification under subsection (1) is published, as may be specified in the notice.
38. (1) Any person who objects to the grant of such Crown lease shall deliver to the Director of Public Works his objection in writing within the period specified in the notice referred to in paragraph (6) of subsection (2) of section 3A.
(2) All such objections shall be duly considered by the Governor in Council On such consideration, the Governor in Council shall have regard to the objections and also to the public benefit which would accrue by over- ruling them.
If no objec- uon to lease
Governor
may declare it expedient that lease should be granted. Claims for sompensa- Tion.
(3) After considering every such objection under sub- section (2), the Governor in Council may declare that it is expedient that such Crown lease should be granted.
3C. If no objection is delivered to the Director of Public Works in accordance with subsection (1) of section 3B the Governor may declare that it is expedient that such Crown lease should be granted.
3D. (1) Any person who deems that his property may be injuriously affected by any such Crown lease by reason of the access of such properly to the sea being interfered with and who claims compensation in respect thereof shall deliver to the Director of Public Works par- ticulars in writing of such injuriaus affecting and of his claims in respect thereof within the period specified in the notice referred to in paragraph (5) of subsection (2) of section 3A; and the Governor may, if he thinks fit, eater into an agreement with any claimant for the settlement or compromise of any claim.
(2) If the Governor makes no acceptable offer of settlement or compromise within two months of such de- livery of particulars, the claimant may within three months of such delivery notify the Director of Public Works that be desires a reference to a judge: and the Governor shall thereupon refer the claim with the particulars thereof to such one of the judges as the Chief Justice shall in cach case nominate for the purpose.
(3) Such judge shall hear any evidence which either the Director of Public Works or the claimant may wish to tender and, if so desired, hear counsel or solicitor on behalf of the Crown and the claimant, and shall determine the amount of compensation, if any, to be paid to any such claimant for any such injurious affecting as is described in subsection (1) and may award costs in his discretion either for or against the Crown or for or against any party claim- ing compensation, such costs in case of difference to be settled by the Registrar of the Supreme Court.
(4) Such judge shall have powers similar to those vested in the Supreme Court on the occasion of any action in respect of
(a) enforcing the attendance of witnesses and examin-
ing them upon oath, or otherwise:
(b) compelling the production of documents; (c) punishing persons guilty of contempt;