CO129-537-6 Foreshores and Sea Bed Amendment Ordinance 1932 18-8-1932 - 17-1-1933 — Page 43

(F 8486/8204/10)

52

Memorandum

Foreshore rights

in China and recent cases arising

from them.

The Chinese rule of Law with regard to the

right of a riparian owner to acquire the title

to accreted land appears to be, that any land

formerly part of the bed of a river which, by

the process of nature or otherwise, becomes an

accretion to the holding of a riparian owner

does not become the property of the latter, or

at any rate only becomes his property after he

has paid the necessary fees to the local

authorities and received a title deed in return.

It is difficult to make out how far the Chinese

|authorities have the right to withhold the formal

grant of such title upon payment of the

necessary fees, but it probably cannot be

ultimately maintained that the Chinese are bound

to grant the necessary title, particularly where

the property in question is required for public

utility. In general, the accepted position

seems to be that, in the event of natural

accretion or reclamation in the public interest,

the riparian owner is enti uled to the right of

preemption at the market price. But where

works of public utitity are contemplated, the

local authorities have the right, so far as

international law is concerned, not only to

refuse to grant a title to accreted property

but also to expropriate a bona fide owner,

provided