CO129-554-12 Public Reclamations Validation and Clauses Bill (formerly Foreshores Bill) 30-4-1935 - 3-3-1936 — Page 2

C1'd

P.

Д

(1)

Gov. conf.

30.4.35.

Ref. (37) on 13717/1/33, submits draft Bill.

2

I annex a memorandum which summarises the

objections raised to the last draft of the Hong Kong

Foreshore and Sea Bed Works Bill ((17) in 13717/1/33).

It will be seen that the Secretary of State, the

Foreign Office and the China Association all for

various reasons urged that the proposal to confer on

the Hong Kong Government by Ordinance general powers

to interfere with private rights for the purpose of

executing public works not specifically defined in

the Ordinance should be abandoned, and that instead

a special ad hoc Ordinance should be passed every

time a specific public work was in contemplation

which would injuriously affect private rights.

suggested alternative policy is now to be adopted.

The present Bill does two things:-

(1) Part I validates certain undertakings

specified in the schedule which have been completed

or commenced on unleased Crown foreshore or sea bed,

and extinguishes without compensation all public and

private rights in the area occupied or to be

occupied by them.

This

There is no reason for believing

that any objection would be raised by anybody to

this. It is apparent from paragraphs 4 and 5 of (38)

in 13717/1/33 that the China Association do not

object to validating existing works, but only to

validating in advance any unspecified works which the

Government may like to undertake, and the Objects

and Reasons state that the works in question have

all been undertaken without protest.

(2)