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any award or decision of a judge under this
section.
3. There remains however for consideration the terms of clauses 3 and 10, referred to in paragraphs 10 and 17 of the Objects and Reasons, which, if enacted, will apply to this Colony the provisions of section 74 of the Harbours, Docks and Piers Clauses Act, 1847.
4. Attention was drawn to this clause in the draft harbour legislation in paragraph 3 of Sir William Peel's despatch to Sir Philip Cunliffe-Lister No.490 of the 19th November, 1931, and it has appeared without attracting unfavourable comment in all subsequent drafts of this legislation until February or March of this year, when, as I learn through the Chamber, it was discussed by Mr. H.W. Looker, representing the China Association, at a meeting with Mr. G.E.J. Gent at the Colonial Office, and was taken up by the Chamber in discussions with my advisers here.
5. I have accordingly reconsidered clauses 3 and 10 with my Executive Council and have formed the opinion that whilst these clauses, which lay on shipowners the duty of making good any damage even in the absence of proved negligence (Great Western Railway v. Owners of S.S.Mostyn 1928 A.C. 57 and Dee Conservancy Board v. McConnell 1928 11 K.B. 164) are usual in the United Kingdom, they are not entirely suitable to the conditions of this Colony which is subject to winds of typhoon force during which the dragging of anchors and consequential damage is not unusual. For damage caused under such conditions I think, with my Executive Council, that these clauses would bear too hardly
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