CO129-542-3 Foreshore and Sea-bed Works Bill- correspondence 9-1-1933 - 16-8-1933 — Page 96

COPY

HONGKONG GENERAL CHAMBER OF COMMERCE

MARINE RIGHTS

FORESHORE & SEA BED WORKS DRAFT BILL

96

The Secretary,

China Association,

London

Dear Sirs,

REC

LD i

5th May, 1933

-JUL 1933

With reference to previous correspondence, I forward herewith copy of a letter which the Chamber of Commerce has ad- dressed to the Government.

Yours faithfully,

(Sgd) M.F. Key.

Secretary.

The Honourable

The Colonial Secretary

Hongkong

Sir,

5th May, 1933

I have the honour to state with reference to Government's letter No.4305/30, dated 29th March, 1933, enclosing amended draft of the Bill intituled the Foreshore & Sea Bed Works Ordinance, 1933, that the General Committee has taken the opinion of the Legal Sub- Committee of the Chamber, which is as follows :-

The Bill as now re-drafted is the same as the original Ordi- nance except that (1) "the Governor-in-Council" is substituted as the body to authorise the works for "the Legislative Council or the Finance Committee thereof": (2) Provision is now made for notice of provisional approval of any works to be published in the Gazette during a period of three months and also by pro- clamation in the Chinese language posted in some suitable place on or near the area affected. Objections to the work can be made to the Director of Public Works: these are to be consider- ed by the Governor-in-Council and the objectors will have the opportunity of appearing in person or by Counsel or Solicitor. The Governor-in-Council is required to consider the objections and also the public benefit that would accrue by over-ruling them

If the work is definitely approved, this is to be pub- lished in the Gazette and the person affected or alleged to be affected may claim compensation.

The Bill provides that on the works being definitely approved the person affected shall send particulars of his claim in writing and the amount which he seeks to recover to the Director of Public Works, and failing an acceptable offer for settlement being made to the Government within two months of such delivery, the claimant may within one month 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 one of the judges.

This provision will preclude the claimant from altering or adding to the particulars of his claim if they are referred to a judge, although obviously, for the purpose of a settlement, the claimant might be prepared in the first instance, to save expense, to suggest a compromise figure to the Director of Pub- lic Works, and would also probably refrain from going into exact