CO129-542-3 Foreshore and Sea-bed Works Bill- correspondence 9-1-1933 - 16-8-1933 — Page 57

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

9. For the purposes of the hearing of any claim for Powers of compensation, such judge shall have powers similar to judge in those vested in the Supreme Court on the occasion of any action in respect of the following matters :-

(a) enforcing the attendance of witnesses and exami-

ning 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 of any premises.

claims of compensation.

not recog- nised.

10. No claim shall be made in respect of any public Public and right, and, except as in this Ordinance provided, no claim other rights shall be made, nor shail any compensation be paid, or compromise, or settlement made in respect of the extin- guishment of any private right or alleged private right under the provisions of section 6 of this Ordinance, or in respect of any injurious affection of any property by reason of the authorised works.

11. Nothing in this Ordinance shall be deemed to No enlarge- recognise or create any right or claim, or any greater right ment of or claim to compensation than but for this Ordinance compensation would exist and be recognised and enforceable by action rights.

in the Court.

12. Nothing in this Ordinance shall be deemed to Saving of be in derogation of any of the powers or rights of the rights of the Crown.

Crown.

13. Nothing in this Ordinance shall be deemed to Saving of authorise the construction of any works within or inter- Admiralty fering with the Admiralty works authorised by the Naval rights.

No. 8 of 1906. and Military Works Ordinance, 1906, without the previous consent of His Majesty's Lords Commissioners of the Admiralty.

Objects and Reasons.

1. Some of the extensive reclamations and Govern- ment pier constructions carried out in the past have been undertaken under statutory authority such as the Praya Reclamation Ordinance, 1889, the Piers Ordinance, 1899, the Foreshores and Sea Bed Ordinance, 1901, the Harbour or Refuge Ordinance, 1909, and the Praya East Reclama- tion Ordinance, 1921. The decision to construct piers in connection with the proposed establishment of a Ferry Service for vehicles as well as passengers, which has been recently authorised by resolution in the Legislative Council, renders it desirable to make statutory provision for such work as well as for other public works affecting the foreshore and sea bed. Section 2 (1) of this Ordi- nance is derived from section 3 of Ordinance No. 15 of 1901 and sections 2 and 6 of Ordinance No. 39 of 1909. See- tion 2 (2) gives particulars of the general nature of the works contemplated. Section 2 (3) is derived from section 2 of Ordinance No. 17 of 1921. Section 2 (4) is derived from section 5 of Ordinance No. 39 of 1909. Section 3 is an elaboration of section 2 of Ordinance No. 26 of 1932.

2. Section 5 (1) of this Ordinance, which is based on section 74 of the Harbours, Docks and Piers Clauses Act, 1847, (10 & 11 Vict. 27), is designed for the protection of such works, and is considered especially necessary for the protection of the Harbour pipe line specified in section 2 (2) (i). The proviso to section 74 of the Act of 1847 is omitted as pilotage is not compulsory in the Colony (c.f. Ordinance No. 11 of 1930, ss. 11 and 28). Section 5 (2) provides for claims and other proceedings by the Govern-

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