CO129-377 - Governor Sir Lugard - 1911 [5] — Page 350

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6.

Section 12 of the Ordinance limits the

compensation payable in respect of injuries caused to our clients in two ways. 1. By limiting it to injuries caused by reason of the access to the sea from their properties being interfered with and 2. By confining the right to recover even this limited amount of compensation to those owners of sections or subsections whose property fronts upon Reclamation Street.

7.

It is quite obvious that the works under the Ordinance do and will seriously affect the property of our clients in many other ways besides interfering with their access to the sea.

86

*x*xxxix The right of access to the sea is enjoyed by all the owers of sections or subsections of the Marine Lots in question whether fronting on Reclamation Street oron Shanghai Street in a greater or lesser degree and accordingly if it were not for the arbitrary limitation of the right to compensation to owners whose sections or subsections front upon Reclamation Street, the owners of sections or sub- -sections fronting on Shanghai Street would be entitled to compensation for such injury as they could prove to have been inflicted upon them. As it is they are entitled to no compensa- -tion at all even in the case of an omer who could prove con- -clusively that his business was entirely destroyed by the works under the Ordinance.

9.

dealing

The Ordinance in the matter of dealing with

the right of owners of property on Shanghai Street is inconsistent

For as it stands, the owers of sections or subsections which

run right through from Reclamation Street to Shanghai Street can recover compensation for the injury done to the whole of their

property including the portion fronting on Shanghai Street, but in the case of an owner of a section or subsection fronting

on Shanghai Street alone, no compensation can be recoveredxxikkax

although he has suffered just as much injury as his more

fortunate neighbour in respect of the corresponding portion of his property.

10.