CO129-307 - Governor Sir Blake - 1901 [10-12] — Page 176

No. 21 or 1901.

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.

LS

HENRY A. BLAKE, Governor.

[5th October, 1901.]

173

C.O.

40009

REGE 21 NOV 01

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 granted by the Governor of Hongkong in the name and on behalf of His Majesty and of Her late Majesty Queen Victoria, for reclamation and other purposes, and whereas doubts have urisen as to how far some of such lenses 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 suel lenses 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 Ordinauce may be cited as the Foreshores and Short title. Soa Red Ordinance, 1001.

2. All Crown leases 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 lenses, heretofore Crowa inases. made by the Governor shall be deemed to have been and

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 lease of Lautao Marine Lot No. 2.

3. From and after the passing of this Ordinance it shall tower 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- leases of ceeding seventy-five years or for such longer term as the and sea bed

foreshore Secretary of State may authorize of the foreshore and sea in fature. bed within the limits of the territorial waters of the Colony and of frown land covered with water in any tidal river or channel connected with such territorial waters, as may be declared by the Governor in Council to be expedient to be granted for the purpose of reclamation, Barbour improve- ment, or building, or for the construction of docks, slips, piers, or wharves, or in view of the requirements of mann- factures, commerce or traffic or for any other purpose whatsoever:

Provided always, that before any such declaration is Preliminary made by the Governor in Council, 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, and shall be published by proclaination in the Chinese language which proclamation shall be publicly posted in some suitable place near the site of the said property, together with a notice calling upon 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 sen access (if any) of any holder of any Lot, holding under a Crown lease, without the consent of such holder.