CO129-301 - Governor Sir Blake - 1900 [9-12] — Page 394

Widneas}

The Law Officers oft have admised that alienations and reclamations of the forestore and of territorial waters can be impeached only if there is a substantial interference with public nights, such as wonts constitute a

public miranes. (See opinion No 241 of 11 Nov. 1899).

11

The Attorney General of Hong Kong is of opinion that the lease and reclamation specifically referred to in there pa.

•pers wonts not involve

amy

invitantial interference with public nights such as to cause a points out that the reclamation now

Admiralty

public minisance;

and

being made by the

more serious invasion of those

nights and will not be protected by the proposed brdimaux.

operation

Henny

Cain

Ordinance has.

Under these circumstances and as an -ing (as is proposes in the drakt bidinance) a retrospective

be

time, I aques harred at any

with Sin Blake in thinking it is not expedient to proceed with the proposed legislation at the present time.

If, however, it is decided to proceed with it, them think cothe form of

the enactment shouts not he finally settled in. til the corresponding.

brought forward in the Straits settlements has been passed and approved, and that the Hong Kong bromance shouts as nearly do possible take the same form; and

measure

(23) an ordinance dealing with the Admiralty reclamation

shouts be passed at the same time.

now im

progress

M.A.B.

1/12.

1. Wait till the Straits Ordinance

is sent home and sanctioned.

"Wait (Pd. 17

C

485.

17628

closure

sir,

40

[REC:

392

REGT 10 DEC 00

Government House,

HongKong, 8th November, 1900.

With reference to paragraph 9 of your

despatch No.190 of the 15th. June last, in which you request me

to consider whether similar legislation to that contemplated

in the Straits Settlements to validate Crown leases of fore-

shore and sea bed should be created and brought into force

in HongKong, I have the honour to inform you that I have giv

en the matter my best consideration and I am not convinced

that legislation of the kind indicated is necessary in this

Colony.

2. I attach a Report on the subject by

Nov: 1900 the Attorney General, and a draft bill which I propose to in-

nel: D off Bill 2 copies)

troduce if you are of opinion that legislature is expedient

3. With the exception of the Naval Works

now in progress there has been no serious interference with

publis rights in the past; and as such a bill with retrospec-

tive action can be brought forward at any time it is a ques-

tion whether it is necessary to open the question at present.

I have the honour to be,

GWJ 148]

he Right Honourable

15

80..

JOSEPH CHAMBERLA IN, M.P.

30..

0..

17 at once

Sir,

Your most obedient humble servant,

GOVERNOR, &C.,