CO129-136 - Sir MacDonnell - 1869 [1-3] — Page 434

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed

contained in the above mentioned description, Vide enclosure No 5.

which is that

1. Authoritatively.

on which the Military

8. In the event of there being still reasonable doubt as to the right of this

Government to the foreshore and fundus Maris of this harbor in the

manner stated by

the Attorney General the additional evidence

now furnished may be found useful in determining the question.

19. As a matter of Public Policy however

I think it very unadvisable to disturb the general rule that a power vested in the Colonial Government,

is in a better position, as a general rule, to take a comprehensive view of the Public convenience and necessities as

well as of the most appropriate mode of dealing with the bottom of the harbor than Naval or Military Department. Moreover

any if some particular work or undertaking on behalf of any Department can be shown to carry with it sufficient recommendation as being beneficial to H.M's Service the history of the Colony shows

that the influence of the War Department and Admiralty, either jointly or severally is adequate to

ensure the most favorable consideration to all such proposals.

I trust however that there will be

in future such a clear understanding as to

the legal rights of all parties that the building of Wharves, Boat Houses or encroachments without the privity of this

Government will be discouraged, and that

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contained in the above mentioned description, Vide enclosure No 5. which is that 1. Authoritatively. on which the Military 8. In the event of there being still reasonable doubt as to the right of this Government to the foreshore and fundus Maris of this harbor in the manner stated by the Attorney General the additional evidence now furnished may be found useful in determining the question. 19. As a matter of Public Policy however I think it very unadvisable to disturb the general rule that a power vested in the Colonial Government, is in a better position, as a general rule, to take a comprehensive view of the Public convenience and necessities as well as of the most appropriate mode of dealing with the bottom of the harbor than Naval or Military Department. Moreover any if some particular work or undertaking on behalf of any Department can be shown to carry with it sufficient recommendation as being beneficial to H.M's Service the history of the Colony shows that the influence of the War Department and Admiralty, either jointly or severally is adequate to ensure the most favorable consideration to all such proposals. I trust however that there will be in future such a clear understanding as to the legal rights of all parties that the building of Wharves, Boat Houses or encroachments without the privity of this Government will be discouraged, and that
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ما contained in the above mentioned description, Vide lon closure No 5. which is that 1 Authoritico rely. on which the Military 8. In the wint of there being still reasonable toubt as to the right of this " any Goverment to the foreshore and tundus Maris of this harbor in the manner stated by the Attorney General the additional evidence. now furnished may be found useful determining the question. in Public Golicy however 19. As a matter of I think it very unadvisable to disturb the which a pouredly a Cas power vested in the belonial Govemment, is in a better position, queral rule, to take a comprehensive view of the Public comvenience and necessities well as of the most appropriate mode de of as 429 dealing with the bottom of the harbor than Naval or Military Department. Moreover any if some particular work or undertaking or behalf of any or om. even encroachment by Department canies with it sufficient recommendation as being beneficial to H. Mo's Semice the history of the balony thems that the influence of the War Department and Admiralty, either jointly or severally is adequate to ensure the most favorable གྲྭ་བུར་ཡང་ང་མ་བད་མང་། །ས་ར་ consideration to all such proposals. Itust however that there will be 10. a in future such a clear understanding as ather the legal rights of all parties that the building of Whares, Bart Houses or encrouchments without the privity of this to Govemment will be discouraged, and that
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ما

contained in the above mentioned description, Vide lon

closure No 5.

which is that

1 Authoritico rely.

on which the Military

8. In the wint of there being still

reasonable toubt as to the right of this

"

any

Goverment to the foreshore and tundus Maris of this harbor in the

manner

stated by

the Attorney General the additional evidence.

now

furnished may be found useful

determining the question.

in

Public Golicy however

19. As a

matter of

I think it

very

unadvisable to disturb the

which a pouredly

a

Cas

power vested in the belonial Govemment,

is in a better position,

queral rule, to take a comprehensive view of the Public comvenience and necessities

well as

of the most appropriate mode

de of

as

429

dealing with the bottom of the harbor than Naval or Military Department. Moreover

any

if some particular work or undertaking or

behalf of any

or om.

even encroachment by Department canies with it sufficient recommendation as being beneficial to H. Mo's Semice the history of the balony thems

that the influence of the War Department

and Admiralty, either jointly or severally is

adequate to

ensure the most favorable

གྲྭ་བུར་ཡང་ང་མ་བད་མང་། །ས་ར་

consideration to all such proposals.

Itust however that there will be

10.

a

in future such a clear understanding

as

ather

the legal rights of all parties that the building of Whares, Bart Houses or encrouchments without the privity of this

to

Govemment will be discouraged, and that

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