CO129-537-6 Foreshores and Sea Bed Amendment Ordinance 1932 18-8-1932 - 17-1-1933 — Page 60

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Amendment

(3) Any person, who shall deem that his property may be injuriously affected by any such Crown lease by reason of the access of such property to the sea being interfered with, and who claims compensation in respect thereof, shall deliver to the Director of Public Works particulars in writing of such injurious affecting and of his claims in respect thereof within the period of three months referred to in sub-section (1); and the Governor may, if he thinks fit, enter into an agreement with any claimant for the settlement or compromise of any claim.

(4) If the Governor makes no acceptable offer' of settlement or compromise within two months of such delivery of particulars, the claimant may within three months of such delivery notify the Director of Public Works that he desires a reference to a judge; and the Governor shall thereupon refer the claim with the particulars thereof to such one of the judges as the judges may mutually arrange.

(5) Such judge shall hear any evidence which either the Director of Public Works or the claimant may wish to tender and. if so desired, hear counsel or solicitor on behalf of the Crown and the claimant, and shall determine the amount of compensation, if any, to be paid to any such claimant for any such injurious affecting as is described in sub-section (3) and may award costs in his discretion either for or against the Crown or for or against any party claiming compensation, such costs in case of difference to be settled by the Registrar of the Supreme Court.

(6) Such judge shall have powers similar to those vested in the Supreme Court on the occasion of any action in respect of-

(a) enforcing the attendance of witnesses and examining them upon oath, or otherwise;

(b) compelling the production of documents:

(c) punishing persons guilty of contempt;

(d) ordering inspection of any premises; and

(e) entering upon and viewing any premises.

(7) No appeal shall lie from any award or decision of a judge under this section.

(8) So much of the provision of this section as requires the insertion in the Gazette of the terms of the Crown leases proposed to be made under this Ordinance with a description of the property intended to be demised shall not apply in respect of such leases as may hereafter be granted of any portions of the foreshore, sea bed, and submerged land as are situated in or contiguous to the New Territories.

3. In section 5 of the Foreshores and Sea Bed Ordinance, of Ordinance 1901, all words after the word "water." are repealed.

No. 15 of 1901, s. 5.

Passed the Legislative Council of Hong Kong, this 18th day of August, 1932.

H. R. BUTTERS, Deputy Clerk of Councils.

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