CO129-320 - Governor Sir Blake Acting Governor May - 1903 [11-12] — Page 353

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

350

anchorage she could not be forcibly removed from such anchorage by any authority other than the Harbour Master. If she were against the will of her Master boarded and her anchor weighed or if she were otherwise forcibly removed by order of the Naval Authorities, the persons responsible

for such order and for such action would be liable in damages for trespass. The only legal course which would be open to the Naval Authorities to enforce the removal of a merchant ship so anchoring would be to appeal to the

Harbour Master to enforce the Regulations by which the anchorage was reserved and the Harbour Master in the exercise of the powers vested in him could compel the observance of the Harbour Regulations with respect to anchorages by removing, by force if need be, the Merchant Ship which in defiance of such regulation insisted upon using the anchorage reserved for men of war. In other words ships of war are by the Harbour Regulations and for

the convenience of the Naval Authorities restricted to an area set apart within the harbour and all ships other than ships of war are forbidden to use the area so set apart

but such regulations do not confer upon the Naval Authorities any power over the waters so set apart nor any right except that of asking that the regulations to give effect to the concession to them of a special anchorage for their ships of war should be enforced by the Harbour Master.

The concession by which an anchorage for ships of war is reserved extends solely to "ships of war". Consequently the request made by the Naval Authorities for the removal of launches and lighters moored in the neighbourhood of the Dockyard Extension Works is in effect a request for an extension of the Concession. In considering this requisition it is to be noted that it is not based upon anything connected

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350 anchorage she could not be forcibly removed from such anchorage by any authority other than the Harbour Master. If she were against the will of her Master boarded and her anchor weighed or if she were otherwise forcibly removed by order of the Naval Authorities, the persons responsible for such order and for such action would be liable in damages for trespass. The only legal course which would be open to the Naval Authorities to enforce the removal of a merchant ship so anchoring would be to appeal to the Harbour Master to enforce the Regulations by which the anchorage was reserved and the Harbour Master in the exercise of the powers vested in him could compel the observance of the Harbour Regulations with respect to anchorages by removing, by force if need be, the Merchant Ship which in defiance of such regulation insisted upon using the anchorage reserved for men of war. In other words ships of war are by the Harbour Regulations and for the convenience of the Naval Authorities restricted to an area set apart within the harbour and all ships other than ships of war are forbidden to use the area so set apart but such regulations do not confer upon the Naval Authorities any power over the waters so set apart nor any right except that of asking that the regulations to give effect to the concession to them of a special anchorage for their ships of war should be enforced by the Harbour Master. The concession by which an anchorage for ships of war is reserved extends solely to "ships of war". Consequently the request made by the Naval Authorities for the removal of launches and lighters moored in the neighbourhood of the Dockyard Extension Works is in effect a request for an extension of the Concession. In considering this requisition it is to be noted that it is not based upon anything connected
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350 anchorage she could not be forcibly removed from such anchorage by any authority tther than the Harbour Master. If she were against the will of her Master boarded and her anchor weighed or if she were otherwise forcibly removed by order of the Naval Authorities, the persons responsible for such order and for such action would be liable in damages for trespass. The only legal course which would be open to the Naval Authorities to enforce the removal of a merchant ship sc anchoring would be to appeal to the Harbour Master to enforce the Regulations by which the anchorage was reserved and the Harbour Master in the exercise cf the powers vested in hip could compel the cbservance of the Harbour Regulations with respect to anchorages by removing, by force if need be, the Merchant, Ship which in defiance of such regulation insisted upon using the anchorage reserved for men of war. In other words ships of war are by the Harbour Regulations and for the convenience of the Naval Authorities restricted to an area set apart within the harbour and all ships other than ships of war are forbidden to use the area so set apart but such regulations do not confer upon the Naval Authorities any power cver the waters sc set apart ncr any right except that of asking that the regulations to give effect to the concession to them of a secial anchorage for their ships of war should be enforced by the Harbour Master. The concession by which an anchorage for ships of war is reserved extends sclely to "ships of war". Consequently the request made by the Naval Authorities for the rencval of launches and lighters mccred in the neighbourhood of the Dockyard Extension Works is in effect a request for an extension of the Concession. In considering this requisi- ticn it is to be noted that it is not based upon anything ccnnected
2026-06-01 11:36:27 · Baseline
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350

anchorage she could not be forcibly removed from such anchorage by any authority tther than the Harbour Master. If she were against the will of her Master boarded and her anchor weighed or if she were otherwise forcibly removed by order of the Naval Authorities, the persons responsible

for such order and for such action would be liable in

damages for trespass. The only legal course which would be open to the Naval Authorities to enforce the removal of a merchant ship sc anchoring would be to appeal to the

Harbour Master to enforce the Regulations by which the anchorage was reserved and the Harbour Master in the

exercise cf the powers vested in hip could compel the cbservance of the Harbour Regulations with respect to anchorages by removing, by force if need be, the Merchant, Ship which in defiance of such regulation insisted upon using the anchorage reserved for men of war. In other words ships of war are by the Harbour Regulations and for

the convenience of the Naval Authorities restricted to an

area set apart within the harbour and all ships other than

ships of war are forbidden to use the area so set apart

but such regulations do not confer upon the Naval Authorities any power cver the waters sc set apart ncr any right except that of asking that the regulations to give

effect to the concession to them of a secial anchorage for their ships of war should be enforced by the Harbour Master.

The concession by which an anchorage for ships of war is

reserved extends sclely to "ships of war". Consequently the

request made by the Naval Authorities for the rencval of

launches and lighters mccred in the neighbourhood of the

Dockyard Extension Works is in effect a request for an

extension of the Concession. In considering this requisi-

ticn it is to be noted that it is not based upon anything

ccnnected

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