CO129-542-3 Foreshore and Sea-bed Works Bill- correspondence 9-1-1933 - 16-8-1933 — Page 70

(C.S.O. 4305/30).

[No. 2:-12.4.35.—4.]

A BILL

INTITULED

'An Ordinance to validate certain undertakings which have been constructed or commenced over and upon unleased Crown foreshore and sea bed; and to enact certain general provisions which shall be deemed incorporated, unless expressly varied or excepted, in future Ordinances authorising reclamation or other works of a public nature over and upon such foreshore and sea bed.

Be it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Public Reclama- Short title. tions Validation and Clauses Ordinance, 1935.

Part I.

undertakings

and extinc-

claims, etc.

2. (1) All public and private rights of navigation or Validation of fishing and all public and private rights of access,

user, set out in possession or occupation, and all other public or private the Schedule rights (if any) in upon and over the Crown foreshore, sea bed tion of and land occupied, or to be occupied on completion, by each rights, of the undertakings set out in the Schedule, and existing with respect prior to the commencement (thereof, shall be deemed to thereto. have been extinguished and to have ceased to exist on such commencement; and such undertakings are validated for all purposes notwithstanding that such works may have been undertaken or commenced without regard to such rights (if any) and without the authority of any enactment extinguishing such rights.

(2) No claim shall at any time be made, or action brought or continued, in respect of the extinguishment under this section, in whole or in part, of any public or private right, or the injurious affection of any land or other property resulting therefrom.

3. The provisions of section 10 shall apply also to the Section 10 Pipe Lines and other undertakings set out in the Schedule.

Part II.

to apply also to the Pipe Lines and

other under- takings in Schedule.

of Part II

authorising

4. In any future Ordinance authorising any undertaking Application for reclamation or other works of a public nature over and to future upon unleased Crown forèhore and sea bed, provisionally Ordinances and subject to the definitive approval of the Governor in provision: lly Council, the provisions of this Part of this Ordinance shall public under- be deemed to be incorporated unless expressly varied or and upon excepted by such Ordinance.

takings over

unleased

Crown

foreshore

and sea bed.

cf. 8 & 9 Vict. c. 18, 8. 1.

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