CO129-311 - Acting Governor Major Gen Sir Gascoigne - 1902 [5-7] — Page 304

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

granted by the hour, from the operation of sections 3 and 4 of the

Foreshores and Sea Bed Ord/ 1901.

919

2. The provisions of section 10(1) of this Ord/ appear to me to be too general in their terms, and to tend to defeat the object with which the Foreshores and Sea Bed Ord/ of 1901 was enacted, viz. to guard against the public alienation & frustration of any proposed reclamation of the foreshore and seabed, with a view to preventing any substantial interference with public rights.

I should be glad if this sub-section (3) could therefore be clarified in many cases.

Sub-section (2)

3. appears to have for its object the withdrawal of free issue of Crown leases erected under Crown leases since October 5, 1901, from the foreshore out of Ord/ 21 of 1901. If leases have been granted and piers erected in breach of these terms, validation of this kind is presumably not required. I do not, however, understand why this withdrawal should extend to the future.

4. If, as the Acting Attorney General furnishes, the terms of the Crown Lease applicable to the case are not...

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granted by the hour, from the operation of sections 3 and 4 of the Foreshores and Sea Bed Ord/ 1901. 919 2. The provisions of section 10(1) of this Ord/ appear to me to be too general in their terms, and to tend to defeat the object with which the Foreshores and Sea Bed Ord/ of 1901 was enacted, viz. to guard against the public alienation & frustration of any proposed reclamation of the foreshore and seabed, with a view to preventing any substantial interference with public rights. I should be glad if this sub-section (3) could therefore be clarified in many cases. Sub-section (2) 3. appears to have for its object the withdrawal of free issue of Crown leases erected under Crown leases since October 5, 1901, from the foreshore out of Ord/ 21 of 1901. If leases have been granted and piers erected in breach of these terms, validation of this kind is presumably not required. I do not, however, understand why this withdrawal should extend to the future. 4. If, as the Acting Attorney General furnishes, the terms of the Crown Lease applicable to the case are not...
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granted by the hour, from the operation of sections 3 and 4 ofthe Foreshores and Sea Bed Ord / 1901. 919 2. The provisions A section 101 of this Ord/ affen to me to to be too general in then Me terms, and to bend to defect the object with which the Foreshores and Sea Bed Oiday of was 1901 enacted ensure dire iz. to guard agament notice tangguan 15. the public abenation & Frustre of any proposed seabed, with a new a rea to preventing any substantial interference with freeble rights. o Ishould be plas This sub-section 303 should therefore wiar many case be refiated. Sub-section (2) 3. abfears to have for its not yet the with drawal of freis t Kelive father information upon, this pout. erected under Crown leases suice October 5, 1901 from the forti Out / 21 of 1901. If leases have been prented and prors erected in breach of these terms, validation of this kind is presumably I do not, same cessway). Marcus altogether under- Marcver, stand why this withdraival should extend to the future. 4. If, as the Acting Attorney General Furnit the terms of out a are not Grown Lease applicable to the car; *
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granted by the hour, from the operation of sections 3 and 4 ofthe

Foreshores and Sea Bed

Ord / 1901.

919

2. The provisions

A section 101 of this Ord/ affen to me to to

be too general in then Me terms, and to bend to defect the object with which the Foreshores

and Sea Bed Oiday

of was

1901

enacted

ensure dire

iz. to guard agament

notice tangguan

15.

the public abenation & Frustre

of any proposed

seabed, with a new

a rea

to

preventing any substantial interference with freeble rights.

o Ishould be plas

This sub-section 303

should therefore wiar

many

case be refiated.

Sub-section (2)

3.

abfears to have for its not yet the

with drawal of freis

t

Kelive

father information upon, this pout.

erected under Crown leases

suice October 5, 1901

from the forti

Out / 21 of 1901. If leases have been prented

and prors erected in breach of these terms,

validation of this kind is presumably I do not,

same

cessway).

Marcus altogether under-

Marcver,

stand why this withdraival should

extend to the future. 4. If, as the Acting

Attorney General Furnit

the terms of

out

a

are not

Grown Lease applicable to the car;

*

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