649
62
The Engineer in charge of the Reclamation tried to restore it to its original position by placing tons of stones upon it, but without effect; and the greater part of it was then removed with the consent of the Government.
Since that time, during a typhoon, some boats, laden with stones, were sunk close to the remaining portion of the Pier, and tons of earth were washed from the Reclamation.
While part of the Pier remained, boats could be made fast to it at a distance of 100 feet from the sea-wall, and by erecting a stage from the boats to the Pier, cargo could be discharged at low tides, although at great risk and extra labour.
In the month of May this year, the remaining portion of the Pier was removed under the Piers and Wharves Ordinance of 1893; and now, at low tides, access to our frontage by the smallest boat is impossible; and, as I have before said, cargo for our Godowns has to be landed opposite to the Gas Works.
If further evidence be needed, I can only suggest that His Excellency should visit the place himself at low tides.
If he will not do so, I would then ask that an officer of the Royal Engineers be appointed to make an independent enquiry into the matter; for, it is intolerable that our access by water, which gives to a Marine Lot its value, should be obstructed as it now is; and then we are told that His Excellency's advisers say there has been "practically" no silting.
As the matter is of importance, on account of the danger of boats touching the bottom, I should feel obliged if you will give the subject your early attention.
I have the honour to be,
63
I have, therefore, respectfully to ask that His Excellency the Governor will be good enough to give directions for the assessment to be made without further delay.
I have the honour to be,
Sir,
Your obedient Servant,
THOS. HOWARD.
COLONIAL SECRETARY'S OFFICE,
Hongkong, 10th August, 1895.
In reply to your letter of the 30th ultimo, I am directed to refer you to my letters Nos. 1412 and 1449 of the 3rd and 9th ultimo and to point out to you that unless and until you can prove depreciation of your property by reason of the construction of the Reclamation, it is premature to discuss whether any, and if so, what compensation should be given you therefor.
Sir,
Your obedient Servant,
THOS. HOWARD,
T. Howard, Esq.
I have the honour to be,
Sir,
Your most obedient Servant,
J. H. STEWART LOCKHART, Colonial Secretary.
The Honourable J. H. STEWART LOCKHART,
Colonial Secretary.
HONGKONG, 19th August, 1895.
On the 30th ultimo I wrote to you with reference to the silting up of the foreshore in front of Marine Lot No. 184; but, as yet, have not received a reply.
From the number of boats grounding, and consequent damage to them and to cargo, the matter is becoming so serious that if not settled soon, there will be additional claims against the Government for the above as well as for loss of current Revenue of the Godowns.
In a letter under date 1st July, 1892, addressed by me to the then Colonial Secretary, I stated, under the advice of Counsel, that the subject of compensation will arise when access by the sea to our Godowns is interfered with.
Now, seeing that our Pier was damaged by the works of the Reclamation, and that access to our frontage is now interfered with to such an extent that cargo for our Godowns has to be landed, at low tides, opposite to the Gas Works, and in view of the well-established law, as quoted above, that the subject of compensation arises when access is interfered with, I submit that the time has now arrived for compensation to be assessed.
SIR,
Hosukone, 14th August, 1895,
I have the honour to acknowledge the receipt of your letter of the 10th instant, in which you again state that, until I can prove depreciation of our property by reason of the construction of the Reclamation, it is premature to discuss the subject of compensation.
I am under the impression that, in my recent letters, I have supplied the Government with all information necessary to prove what is required.
From your letter under reply, am I to understand that His Excellency requires me to prove depreciation by recourse to the Supreme Court for compensation?
If so,
I shall feel obliged by your informing me plainly that such is the case.
I have the honour to be,
The Honourable J. H. STEWART Lockhart,
Colonial Secretary.
Sir,
Your obedient Servant,
THOS. HOWARD.
649
62
The Engineer in charge of the Reclamation tried to restore it to its original position by placing tons of stones upon it, but without effect; and the greater part of it was then removed with the consent of the Government.
Since that time, during a typhoon, some boats, laden with stones, were sunk close to the remaining portion of the Pier, and tons of earth were washed from the Reclamation.
While part of the Pier remained, boats could be made fast to it at a distance of 100 feet from the sea-wall, and by erecting a stage from the boats to the Pier, cargo could be discharged at low tides, although at great risk and extra labour.
In the month of May this year, the remaining portion of the Pier was re- moved under the Piers and Wharves Ordinance of 1893; and now, at low tides, access to our frontage by the smallest boat is impossible; and, as I have before said, cargo for our Godowns has to he landed opposite to the Gas Works.
If further evidence be needed, I can only suggest that His Excellency should visit the place himself at low tides.
If he will not do so, I would then ask that an officer of the Royal Engineers be appointed to make an independent enquiry into the matter; for, it is intolerable that our access by water, which gives to a Marine Lot its value, should be ob- structed as it now is ; and then we are told that His Excellency's advisers there has been "practically" no silting,
Siy
that
As the matter is of importance, on account of the danger of boats touching the bottom, I should feel obliged if you will give the subject your early attention.
I have the honour to be,
63
I have, therefore, respectfully to ask that His Excellency the Governor will be good enough to give directions for the assessment to be made without further delay.
I have the honour to be.
Sir,
The Honourable J. H. STEWART LOOKHART,
Colonial Secretary.
No. 1670.
SIR,
Your obedient Servant,
THOS, HOWARD.
COLONIAL SECRETARY'S OFFICE,
Hosakosa, 10th August, 1895.
In reply to your letter of the 30th ultimo, I am directed to refer you to my lotters Nos. 1412 and 1449 of the 3rd and 9th altimo and to point out to you that unless and until you can prove depreciation of your property by reason of the construction of the Reclamation, it is premature to discuss whether any, and if so, what compensation should be given you therefor.
Sir.
Your obedient Servant.
THOS. HOWARD,
T. Howard, Esq.
I have the honour to be,
Sir.
Your most obedient Servant,
A, H. STEWART LOCKHART, Colonial Secretary.
The Honourable J. I STEWART LOCKUART,
SIR,
Colonial Secretory.
HONGKONG, 19th August, 1895.
On the 30th ultimo I wrote you with reference to the silting up of the fore- shore in front of Marine Lot No. 184; but, as yet, have not received a reply.
From the number of boats grounding, and consequent damage to them and to cargo, the matter is becoming so serious that if not settled soon, there will be additional claim against the Government for the above as well as for loss of current Revenue of the Godowns,
In a letter under date 1st July, 1892, addressed by me to the then Colonial Secretary. I stated, under the advice of Commsel, that the subject of compensation will arise when treess by the sea to our Glodowns is interfered with,
Now, seeing that our Pier was damaged by the works of the Reclamation, and that access to our frontage is now interfered with to such an extent that cargo
for our Godowns has to be landed. at low tides, opposite to the Gas Works, and in view of the well established law, as quoted above, that the subject of compensation arises when access is interfered with, I submit that the time has now arrived for compensation to be assessed.
SIR,
Hosukone, 14th August, 1895,
I have the honour to acknowledge the receipt of your letter of the 10th instant, in which you again state that, until I can prove depreciation of our pro- perty by reason of the construction of the Reclamation, it is premature to discuss the subject of compensation.
I am under the impression that, in my recent letters, I have supplied the Government with all information necessary to prove what is required,
From your letter under reply, am I to understand that His Excellency requires me to prove depreciation by recourse to the Supreme Court for compensation ?
If so,
I shall feel obliged by your informing me plainly that such is the case,
I have the honour to be.
The Honourable J. H. STEWART Lockhart,
Colonial Secretary.
Sir,
Your obedient Servant,
THOS. HOWARD.
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