CO129-377 - Governor Sir Lugard - 1911 [5] — Page 281

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

sir,

(1)

Hongkong 8th March, 1911.

273

We have the honour to address you further in this matter with the object of asking the Government to amend

section 12 of the Harbour and Refuge Ordinance 1909 so as to enable our clients to recover compensation for all the injuries inflicted on them by the construction of the works authorised or validated by the Ordinance.

2.

The principle upon which compensation is given to individuals for injury inflicted upon them by the execution

of Public works for the public good is that the burden of such public works should be borne equally by all members of the community.

3.

Where the execution of such public works inflicts injury on neighbouring landowners who as taxpayers are already bearing their proportionate share of the expense of such works, it is self evident that a greater burden is being cast upon them than upon other taxpayers.

4.

The works contemplated under the ordinance may be divided into three categories, 1. The construction of the Harbour of Refuge proper, 2. The reclamation of a portion of the foreshore and 3. The works already executed without

legislative authority and validated by the Ordinance. This

latter class of works we understand the Government to contend

includes the raising of the level of the Roads in the neigh- bourhood already done,

5.

Our clients can be divided into three classes as

shown on the plan enclosed in our letter of 7th November last

1. Owners of sections or subsections which front only on

Reclamation Street, 2. Owners of sections or subsections which

run right through from Reclamation Street to Shanghai Street

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