CO129-307 - Governor Sir Blake - 1901 [10-12] — Page 177

Effect of

this Ordi-

nance.

Covenants

4. Every Crown lease made under the provisions of leases under this Ordinance shall specify the purposes for which the land is leased and shall be deemed to demise to the lessee the foreshore or sea bed included in such lease free and and provisos discharged from all rights, privileges, profits-h-prendre, und easements, whether public or private, which may have exist ed or may be claimed in or over such foreshore and sea bed so far as is necessary for carrying out the said purposes, and shall contain :---

10 be

contained

therein.

(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 licence or consent of His Majesty, His Heirs, Successors, or Assigns, signi- fied in writing by the Governor, then it shall be lawful for His Majesty, His Heirs, Successors, or Assigns, by the Governor or by any officer authorized by him in writing, to re-enter on such land, foreshore, and sea bed, or on any portion thereof in the name of the whole, and thereupou the same shall be forfeited to and vest in the Crown.

(ii) Such covenants and provisos as shall be approved in each case by the Governor in Council with regard to the construction and use of any works to be made and done upon the said land and as to the time within which such works shall be commenced and completed.

(iii) A reservation to the Crown of all mines and

minerals under the demised lands.

Saving of 5. Nothing in this Ordinance shall be in derogation of rights of the any of the powers or rights of the Crown in respect of the

foreshore or of the territorial waters of this Colony.

Crown.

Passed the Legislative Council of Hougkong, this 26th day of September, 1901,

C. CLEMENTI,

Acting Clerk of Councils.

Assented to by His Excellency the Governor, the 5th day of October, 1901.

J. II. STEWART LOCKHART,

Colonial Sreretary.

EN LOSURE

2.

0.0.

174

ATTORNEY GENERAPS OFFICEL 0060

Octob Auto 21 NoboƏL.

U

Report on Ordinance 2 of 190/.

I have examined the accompanying Ordinance, entitled

An Ordinance to validate Crown leases heretofore made of

Foreshore and submerged Lands within the territorial waters

of the Colony for reclamation and other purposes and to

legalize and facilitate the making of such leases hereafter,

and I am of opinion that the Ordinance is one which is not contrary to

the Governor's Lustructions.

Objects and Reasons.

1. A very large number of Crown leases including in the demised land portions of the foreshore and sea bed bave, from time to time, been granted in this Colony, most frequently for purposes of reclamation and with a view to meet the requirements of commerce and to facilitate the handling of the large traffic of Hongkong.

2. Owing to the extremely limited quantity of level ground with a deep water frontage provided by nature in This Colony, extensive reclamations have been absolutely Becessary, not only for sanitary reasons connected with overcrowding but also to enable the trade of the port to be carried on.

3. This necessity has been universally recognized and, although in theory the granting of leases of portions of the foreshore and of the sea bed thereto adjacent pay to some extent interfere with rights of fishing and navigation and with rights or alleged rights of access to the sea, it has, nevertheless, been felt that the public and the Colony as a whole have been gainers by the reclamations rather than losers.