CO129-301 - Governor Sir Blake - 1900 [9-12] — Page 402

A BILL

ENTITLED

No. 35-[6.11.1900.]

An Ordinance to validate Crown leases heretofore made of Foreshore and submerged Lands within the territorial waters of the Colony for reclama- tion and other purposes and to legalize and facilitate the making of such leases hereafter. WHEREAS divers Crown leases of portions of the fore- Preamble, shore and sea bed within the territorial waters of the Colony have, from time to time, been grauted by the Governor of Hongkong in the name and on behalf of Her Majesty, for reclamation and other purposes, and whereas doubts have arisen as to bow far some of such leases or agreements for such leases are valid and effectual for the purposes for which they were made, and it is expedient to remove such doubts, and also to make provision for the making of such leases and agreements in the future:

Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:--

1. This Ordinance may be cited as the Foreshores and Short title. Sea Bed Ordinance, 1900.

2. All Crown lenses of any portions of the foreshore or Validation of

of the sea bed within the territorial waters of the Colony, former

and all agreements for the grant of such leases, heretofore Crown leases. made by the Governor shall be deemed to be as valid and effectual for all intents and purposes as if they had been

duly made under the provisions of this Ordinance:

Provided that this section shall not be deemed in any Proviso, way to affect the Crown leases of Lautao Murine Lots Nos. 1 and 2.

leases of

3. From and after the passing of this Ordinance it shall Power to be lawful for the Governor from time to time to grant and grant Crown to agree to grant such Crown leases for any term not ex- foreshore ceeding A woere of the foreshore and sea bed within and sea beil the limits of the territorial waters of the Colony and of in future. Crown land covered with water in any tidal river or channel connected with such territorial waters, as may he declared by the Governor in Council to be expedient to be granted for the purpose of reclamation, harbour improvement, the construction of docks, slips, piers, or wharves, or in view of the requirements of commerce or traffic or otherwise:

Provided always, that before any such declaration is Preliminary made by the Governor in Conucil, the terms of the lease Procedure. proposed to be made under this Ordinance with a descrip- tion of the property intended to be demised shall be inserted in every ordinary issue of the Gazette during a period of three months, together with a notice calling upon all persons having objections to the granting of such lease to send in their objections in writing to the Colonial Secretary before the expiration of the said period of three months, and all such objections shall be duly considered by the Governor in Council:

Provided also that this section shall not be deemed to Proviso. authorize the grant of any Crown lease which would derogate from or be inconsistent with the special rights of sea access (if any) of any marine lot holder, holding under a Crown lease, without the consent of such marine lot holder.

120ce.

4. Every Crown lease made under the provisions of Effect of this Ordinance shall specify the purposes for which the leases under land is leased and shall be deemed to denise to the lessee this Ordi- the foreshore or sea bed included in such lease free and Covenants discharged from all rights and privileges whether public and provisos or private which may have existed or may be claimed in to be

contained or over such foreshore and sea bed so far as is necessary therein.

for carrying out the said purposes, and shall contain :--

(1.) A proviso that in the event of the lessees, their executors, administrators, and assigns or successors, (as the case may be) failing, at any time during the continuance of the term of the said lease, to use the demised land for the purposes so specified as afore- said, without the previous license or consent of Her Majesty, Her Heirs, Successors, or Assigns, sigui- fied in writing by the Governor, then it shall be lawful for Her Majesty, Her Heirs, Successors, or Assigns, by the Governor or by any officer

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