CO129-136 - Sir MacDonnell - 1869 [1-3] — Page 436

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

In 5146/19

Anda (rom

home-

To the W. Office Fadmirably withe are

intimation that frauville

1

is disposed to

Concur with the views expressed & Sir R

Macdonnell.

41

That It Lafferetends that no doubt can be entertained to the prima facie right of the firm to the share between high and low water mark, and that though the operation of the allotments granted to the firm is confined as regards the cantonments defined: The letter of 15 Sept 1853 it would appear from the terms of that letter that the portion of the grant is confined to the area within the bounding stones that the Crown did not intend to grant any rights over the foreshore in front of the cantonments.

That it would be favored with the views of Sir Sandwell & Mr Thilders upon this correspondence.

Itu

I

peastin

4114

11.5.69

would add that of course it is with the bona fide view that this question of frontage rights is one of fundamental legal principle and not hotly considered & argued in the substantial question what land and rights on land the C.O. ought to possess.

13/5

Copy

30.4.2135

Opinion.

431

as to the right of the Military Authorities to erect wharves on the Sea Shore in front of the Marine Lots purchased by them of the Crown Leaseholders.

The Rights of the Military Authorities in respect of these Marine Lots are only co-extensive with those of the original Crown Lessees.

There is not the least doubt that the sea shore between high and low water mark is vested in the Crown Property.

The Crown may grant this but has not done so, and it is not included in the Leases of the Marine Lots in question.

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In 5146/19 Anda (rom home- To the W. Office Fadmirably withe are intimation that frauville 1 is disposed to Concur with the views expressed & Sir R Macdonnell. 41 That It Lafferetends that no doubt can be entertained to the prima facie right of the firm to the share between high and low water mark, and that though the operation of the allotments granted to the firm is confined as regards the cantonments defined: The letter of 15 Sept 1853 it would appear from the terms of that letter that the portion of the grant is confined to the area within the bounding stones that the Crown did not intend to grant any rights over the foreshore in front of the cantonments. That it would be favored with the views of Sir Sandwell & Mr Thilders upon this correspondence. Itu I peastin 4114 11.5.69 would add that of course it is with the bona fide view that this question of frontage rights is one of fundamental legal principle and not hotly considered & argued in the substantial question what land and rights on land the C.O. ought to possess. 13/5 Copy 30.4.2135 Opinion. 431 as to the right of the Military Authorities to erect wharves on the Sea Shore in front of the Marine Lots purchased by them of the Crown Leaseholders. The Rights of the Military Authorities in respect of these Marine Lots are only co-extensive with those of the original Crown Lessees. There is not the least doubt that the sea shore between high and low water mark is vested in the Crown Property. The Crown may grant this but has not done so, and it is not included in the Leases of the Marine Lots in question.
Baseline (Original)
In 5146/19 Anda (rom home- To the W. Office Fadmirably withe are intimation that frauville 1 is disposed to Concur with the views expressed & Sir R Macdonnell. 41 That It Lafferetends that no doubt can I tututanied to the prima facie right of the from to the share bibworen high flow water ag. mark, and thatagh the operon of the a bentani lots granted If the mon to for as regards the cantonments defined: The litter of 15 Sept 1853 it would appear from the terms of that latter of the portion o is confined yet to for the bounding stones that the (now did wast intend to grant any rights over the formbore in port of there cantruments That it writhing which to to favored with the views of to Sandwell & Mr Thilders upa raised upon this correspondence Itu I peastin 4114 11.5.69 would add that of cown it with le boom hi mina that this questi of from byak tight it L-1 of fun legal and mad hot le considine & Augirdin the substantial questen what. land a rights on land the 15.0. ought to popress. 13/5 Copy 30.42135 } Opinion. 431 as to the night of the Military Authorition de crect whurves on the Sea Shore in front of the Marine Cots purchased by them of the Crown Leaseholders. The Rights of the Military Authorities in respect of these Mourine. Lots are only co-extensive with those of the original brown Lesseen. there is not the least doubt that the sou shore bolwoon high and law water mark is wosted in the Crown Property The Chown may grant this but has not done so, and it is not anobacted in the Leases of the Marine Lols in question.
2026-05-20 03:15:23 · Baseline
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In 5146/19

Anda (rom

home-

To the W. Office Fadmirably withe are

intimation that frauville

1

is disposed to

Concur with the views expressed & Sir R

Macdonnell.

41

That It Lafferetends that no doubt can I tututanied to the prima facie right of the from to the share bibworen high flow water

ag. mark, and thatagh the operon of the a

bentani lots granted If the mon to for as regards the cantonments defined: The litter of 15 Sept 1853 it would appear from the terms of that latter of the portion o

is confined yet to for

the bounding stones that the (now did wast intend to grant any rights over the formbore in port of there cantruments

That it writhing which to to favored with the views of to Sandwell & Mr Thilders upa

raised upon this correspondence

Itu

I

peastin

4114

11.5.69

would add that of cown

it with le boom hi mina that this questi

of from byak tight

it

L-1

of fun legal

and mad hot le considine &

Augirdin the substantial questen what.

land a

rights on land the 15.0. ought to popress.

13/5

Copy

30.42135

}

Opinion.

431

as to the night of the Military Authorition

de crect whurves on the Sea Shore in

front of the Marine Cots purchased by them of the Crown Leaseholders.

The Rights of the Military Authorities in respect of these Mourine. Lots are

only co-extensive with those of the original brown Lesseen.

there is not the least doubt that

the sou shore bolwoon high

and law

water mark is wosted in the Crown

Property

The Chown

may grant this

but has not done so, and it is

not anobacted in the Leases of the Marine

Lols in question.

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