CO129-554-12 Public Reclamations Validation and Clauses Bill (formerly Foreshores Bill) 30-4-1935 - 3-3-1936 — Page 17

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(30) in 13717/1/33.

(37) in 13717/1/33.

(d) It should be made clear that the right of a

claimant will only be extinguished as from the date of

the definite approval of the works, and that any right

to compensation possessed by a claimant prior to that

period should not be prejudiced or affected.

(e) Owners of private undertakings as well as

private property should be entitled to compensation for

injurious affectation.

(f)

The assessors who may be appointed to assist

the judge should also be able to assist in assessing

the amount of compensation.

The China Association also referred to the danger of

repercussions in China which had been dealt with by the

Foreign Office.

4.

The Board of Trade had no observations to offer

on the draft Ordinance.

5. The Secretary of State in his confidential

despatch of the 16th August, 1933, informed the Governor

of Hong Kong that he would not be prepared to approve

the enactment of a Bill giving the Government general

powers to interfere with private rights for the purpose

of the execution of works not specifically defined in

the Ordinance. He suggested that the Hong Kong

Government should enact periodically an Ordinance

giving the necessary powers for the execution of a

definite programme of works which it was intended to

carry out within say the next two years, and which

would be specifically defined in a schedule to the

Ordinance.

It would be possible in the first of such

Ordinances