CO129-311 - Acting Governor Major Gen Sir Gascoigne - 1902 [5-7] — Page 301

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed

not at all.

But I do not think the sub-section (1) ought to be allowed. The right of the Marine lot holders and ... are hardly to be thought of in Council of the ... the opinion of the Governor in Council ought to stand as laid down in Article of the Shails & Hongkong, that due notice must be given to the public before Crown foreshore be granted.

...

Government House, Hongkong, 13th June, 1902.

Sir,

I have the honour to transmit for the information of His Majesty's pleasure the following Ordinance entitled "An Ordinance to exempt certain Crown Leases and Agreements for Crown Leases, and Permits granted by the Crown, from the operation of sections 3 and 4 of the Foreshores and Sea Bed Ordinance, 1891", No. 11 of 1902.

The customary Report by the Attorney General is entered ... that sec 1 (1) of this order should not be allowed. It is too general in its terms and would allow the Crown in Council to make orders of great import without special consideration.

The object of this order appears to be to withdraw piers erected under Crown leases since Oct 5, 1900 from the terms of the order 21 of 1901. As piers have been erected and leases granted in breach of those terms, some validation of this kind is, I suppose, necessary. But, why should piers be withdrawn from the operation of order 2 of 1900 for the future? The Acting A.G. does not think it necessary or appropriate to exempt "ordinary piers" - by which he appears to mean structures erected on piles.

To proceed ... why grant a lease for their erection? Surely, the Crown could grant a licence, terminable at will, to erect such a structure on the foreshore. To suggest this form seems, perhaps, only to complicate matters, and it would perhaps be sufficient to disallow sec 1 (1).

I ask for further explanation of Sec 1(2) and defer sanction...

Enclosure

(Please send 6 spare copies.)

Luclosure 2.

The Right Honourable JOSEPH CHAMBERLAIN, M.P.

etc., etc.,

I have the honour to be,

Sir,

Your most obedient servant,

Hamilton Stewart,

M.J. Goddard,

Major-General, Administering the Government.

Page 27.

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not at all. But I do not think the sub-section (1) ought to be allowed. The right of the Marine lot holders and ... are hardly to be thought of in Council of the ... the opinion of the Governor in Council ought to stand as laid down in Article of the Shails & Hongkong, that due notice must be given to the public before Crown foreshore be granted. ... Government House, Hongkong, 13th June, 1902. Sir, I have the honour to transmit for the information of His Majesty's pleasure the following Ordinance entitled "An Ordinance to exempt certain Crown Leases and Agreements for Crown Leases, and Permits granted by the Crown, from the operation of sections 3 and 4 of the Foreshores and Sea Bed Ordinance, 1891", No. 11 of 1902. The customary Report by the Attorney General is entered ... that sec 1 (1) of this order should not be allowed. It is too general in its terms and would allow the Crown in Council to make orders of great import without special consideration. The object of this order appears to be to withdraw piers erected under Crown leases since Oct 5, 1900 from the terms of the order 21 of 1901. As piers have been erected and leases granted in breach of those terms, some validation of this kind is, I suppose, necessary. But, why should piers be withdrawn from the operation of order 2 of 1900 for the future? The Acting A.G. does not think it necessary or appropriate to exempt "ordinary piers" - by which he appears to mean structures erected on piles. To proceed ... why grant a lease for their erection? Surely, the Crown could grant a licence, terminable at will, to erect such a structure on the foreshore. To suggest this form seems, perhaps, only to complicate matters, and it would perhaps be sufficient to disallow sec 1 (1). I ask for further explanation of Sec 1(2) and defer sanction... Enclosure (Please send 6 spare copies.) Luclosure 2. The Right Honourable JOSEPH CHAMBERLAIN, M.P. etc., etc., I have the honour to be, Sir, Your most obedient servant, Hamilton Stewart, M.J. Goddard, Major-General, Administering the Government. Page 27.
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газо not at all. But I do not think the sub-section (1) ought case the allowed. The rightofthe Marine lot holders and Idant are hardly think the in Council of the w the opinion of the Garmor in ought to stand laid down in Amicifle of the Shails & Hongkong, that due notice must bad geved the public before town be foreshore Cax ала granted. be bases of AF کالا てい ( 250. aughing. 300 C.0. 202131 17 11 Government House, Bengkong, 13th. June, 190 2. Sir, A have the heueur le transmit for the symotivation at His Majesty's pleasure the following brdinance entitled "An Ordinance to exempt certain Crown Leases and Agreements for Crown Leases, and Permits granted by the Crown, from the operation of sections 3 and 4 of the Foreshores and Sea Bed Ordinance, 1801", No. 11 of 1902. The customary Report by the Morney General is enteres had box aqui that ssc 1 (1) of this order she not he allowed. stisper too general in its terms and would allow math the Crost in Comment to make order of gor plead letter. The object of this order appears to be withdraw piers Exitid under crown bases since Oct 5. 1900 from the troms of the order 21 of 1901. of pisso have ben arsited and hans granted in breach of those terms, some validation of this third is, I sciphone, necessary. But, why should piers be withdrawn from the operation of orda 2 of 1900 for the future? the Acting A. C not appropriati sary this thom. to ordinary pines" - by which he affians to wooom structure ructed piles of this is 2 To proceed AB 418 the crown, have are the case why grant a hase for their erection ? Surely, the could grant a licence, terminalle Spor at will, to quct such a structure on the foristion. Tobuggest, this hormous, winded parshapes only complicate matters, and it with perhaps be sufficient to dinct the repact of sea 1 (1) 6 ask for further explanation of She 1(2) and defer sanctim at o Enclosure bitte 6 spare copies.) Luclosure 2. the June, 1902. The Right Honourable JOSEPH CHAMBERLAIN, M.P. jc., Gu I have the honour to be, Sir, Your most obediens Hamile Sereani, M.J. Grossigne Major-General, Administering the Government. pc. 27.
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газо

not at all.

But I do not think

the sub-section (1) ought

case

the allowed. The rightofthe

Marine lot holders

and

Idant

are

hardly think the

in Council of

the w

the

opinion of the Garmor in ought to stand laid down in

Amicifle of the Shails & Hongkong, that due notice must bad geved the public before town be foreshore

Cax

ала

granted.

be

bases of

AF

کالا

てい

(

250.

aughing.

300

C.0.

202131

17 11

Government House,

Bengkong, 13th. June, 190 2.

Sir,

A have the heueur le transmit for the symotivation at His

Majesty's pleasure the following brdinance entitled

"An Ordinance to exempt certain Crown Leases and Agreements for Crown Leases, and Permits granted by the Crown, from the operation of sections 3 and 4 of the Foreshores and Sea Bed Ordinance, 1801", No. 11 of 1902.

The customary Report by the Morney General is enteres

had box

aqui

that ssc 1 (1) of this order she not he allowed.

stisper too general in its terms and would allow math the Crost in Comment to make order of gor

plead letter.

The object of this order appears to be withdraw piers Exitid under crown bases since Oct 5. 1900 from the troms of the order 21 of 1901. of pisso have ben arsited and hans granted in breach of those terms, some validation of this third is, I sciphone, necessary. But, why should piers be withdrawn from the operation of orda 2 of 1900 for the future? the Acting A. C

not appropriati sary this thom.

to ordinary pines" - by which he affians to wooom structure ructed

piles of this is

2 To proceed

AB

418

the crown,

have are

the case

why grant a hase for their erection ? Surely, the could grant a licence, terminalle

Spor at will, to quct such a structure on the foristion. Tobuggest, this hormous, winded parshapes only complicate matters, and it with perhaps be

sufficient to dinct the repact of sea 1 (1)

6

ask for further explanation of She 1(2) and defer sanctim

at o

Enclosure

bitte 6 spare copies.)

Luclosure 2.

the June, 1902.

The Right Honourable

JOSEPH CHAMBERLAIN, M.P.

jc.,

Gu

I have the honour to be,

Sir,

Your most obediens

Hamile Sereani,

M.J. Grossigne

Major-General, Administering the Government.

pc.

27.

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