CO885-(15-16) — Page 134

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27851.

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SIR,

No. 99.

(STRAITS SETTLEMENTS.)

LAW OFFICERS TO COLONIAL OFFICE.

Royal Courts of Justice,

August 10th, 1901. We were honoured with your commands signified in Mr. C. P. Lucas's letter of the 31st ultimo, stating that, with reference to the Reports of our predecessors of the 11th November, 1899 and the 28th March, 1900,* relating to an application by the Tanjong Pagar Dock Company for the grant of a submerged tract of land at Singapore, he was directed by you to inform us that a question had arisen between the Dock Company and the Government of the Straits Settlements with reference to the right of the Dock Company to have granted to them a lease of certain land and foreshore adjacent to property which they at present hold under a lease for 999 years, dated the 2nd December 1881.

That Mr Lucas was to transmit to us correspondence which had passed between the Governor of the Colony and the representatives of the Tanjong Pagar Dock Company, and to inform us that an Ordinance entitled "The Foreshores and Sea-bed Ordinauce, 1900," had been passed in the Straits Settlements, which was submitted to the Tanjong Pagar Dock Company before it received His Majesty's assent, and to which the Company made no objection.

That the present question, however, did not arise out of the provisions of that Ordinance but had reference to a promise on the part of the Government of the Straits Settlements to lease certain land to the Tanjong Pagar Dock Company at a future date. That that promise was contained in a letter from the Colonial Secretary of the Straits Settlements to the Manager of the Company-dated 20th April, 1881, in which letter the Company were informed that they could take out a lease for a certain portion of the property which they desired to rent, and that the remaining portion would be left for them to lease at a future time either when the Company might wish to extend its premises, or when the Government might desire to dispose of it, when the privilege of pre-emption would be reserved to the Company. That the lease of the 2nd December, 1881 was accordingly granted to the Company, and the question of leasing the remaining portion remained open until the year 1899 when, as would be seen from the enclosed correspondence, the Company claimed fulfilment of the promise contained in the letter of 20th April, 1881,

That the Government of the Straits Settlements while prepared to grant the lease, was anxious to impose on the Company certain conditions which were specified in the letter to the Company from the Colonial Secretary of 10th August, 1900; but that the Company contended that the lease, the option of which they were given by the letter referred to, was to be at the same annual rental per acre, for the same term of years, and subject to the same terms and conditions as the lease of 2nd December 1881. (That in that connection Mr. Lucas was to point out that, by the Foreshores and Sea- bed Ordinance, 1900, the term of lease prescribed for leases of the foreshore was a period not exceeding 100 years, whereas the Company desired a lease for 999 years.)

That Mr. Lucas was to request us to advise you :-

1. Whether the Government of the Straits Settlements were bound to grant a lease

of the property in question to the Dock Company?

2. Whether, in the event of their being bound to grant such a lease, the lease must

be at the same annual rental per acre, for the same term of years, and subject to the same terms and conditions as the lease of the 2nd December, 1881 ?

3. Whether such lease must be for 999, years, or whether having regard to the provisions of the Foreshores and Sea-bed Ordinance, 1900-such lease must be limited to a period not exceeding 100 years.

4. Whether the Government of the Straits Settlements, in granting the Lease promised by the letter of the 20th April, 1881, were entitled to insert such terms and conditions as might seem necessary in the interests of the Colony?

• No. 241 in Vol. V, and No. 27 in this Vol.

9741-25-8/1901 Wi 359

D&S

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PUBLIC RECORD OFFICE

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Reference :-

C.O. 885

15 PUBLIC RECORD OFFICE, LONDON

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