CO129-557-3 Public Reclamation Validation and Clauses Ordinance 1936 16-7-1936 - 18-9-1936 — Page 11

Application

of Part II

to future

Ordinances

2

Part II.

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

authorising provisionally

takings over and upon unleased

Crown

foreshore

and sea bed.

cf. 8 & 9

Vict. c. 18. 3. 1.

Notification of under.

taking, hearing of objections, publication of definitive

approval

and com- mencement of execution

of under- taking.

Extinction

of rights on publication of definitive

approval.

Provision

for com- pensation

5. (1) Notification of every such undertaking with description thereof and of the area intended to be occupied in connection therewith, shall be published in every ordinary issue of the Gazette during a period of two months and shall also be published by proclamation in the Chinese language which shall be publicly posted in some suitable place on or near the said area.

(2) Every such notification and proclamation shall contain a notice calling upon all persons having objections to the said undertaking or any claims of private right in respect thereof to send in their objections or claims of right in writing, specifying the nature of such objections and claims, to the Director of Public Works before the expiration of the said period of two months.

(3) All such objections and claims shall be duly considered by the Governor in Council who shall afford to every person, who has so sent in his objection or claim in writing, an opportunity of being heard in person or by counsel or solicitor.

(4) After affording the objectors and claimants an opportunity of being heard, or if no objection or claim is sent in as aforesaid, the Governor in Council may give definitive approval of the undertaking or any modification thereof.

(5) Notification of such definitive approval with a description of the undertaking and of the area intended to be occupied in connection therewith shall be published in the Gazette.

(6) The execution of any such undertaking or any modification thereof shall not be commenced until such definitive approval shall have been so published.

6. Subject to the provisions of sections 7, 8 and 9, upon the publication of such definitive approval all public and private rights of navigation or fishing and all public and private rights of access, user, possession or occupation, and all other public or private rights (if any) in upon and over the Crown foreshore, sea bed and land to be occupied by the undertaking shall be extinguished and cease to exist.

7.-(1) No action shall at any time be brought or continued in respect of the extinguishment under section 6, claims where in whole or in part, of any public or private right or the private rights injurious affection of any land or other property resulting are affected. therefrom. But any person who shall have sent in a claim

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of private right under section 5 (2) (or the executors, administrators or assigns of such person) and who seeks to recover compensation in respect of any such extinguishment or injurious affection, may, within two months after the publication of the definitive approval under section 5 (5), deliver to the Director of Public Works a Statement of Claim in writing setting forth, with full particulars, the nature of his claim and the amount of compensation which he seeks to recover.

(2) The Governor may, if he thinks fit, enter into an agreement with any claimant for the compromise or settle- ment of any claim.

(3) If the Governor makes no offer of settlement or com- promise which is accepted within two months of such delivery of the written Statement of Claim, the claimant may within three months of such delivery 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 such one of the judges as the Chief Justice shall arrange.

(4) Such judge shall on the application of any party, or may without such application, appoint one or more

any assessors to advise him upon any matters requiring pro- fessional knowledge.

(5) Such judge may order such pleadings and discovery to be filed or made as he may consider necessary for the proper determination of the issues and shall hear any evidence which either the Director of Public Works or the claimant may wish to tender and, if so desired, hear counsel or solicitor on behalf of the Crown and the claimant, and shall determine the amount of compensation, if any, to be paid to any such claimant, and may award costs in his discretion either for or against the Crown or for or against any party claiming compensation, such costs in case of difference to be taxed by the Registrar of the Supreme Court.

(6) There shall be an appeal as of right to the Full Court from any award or decision of a judge under this section.

8. For the purposes of the hearing of any claim for Powers of compensation, such judge shall have powers similar to those judge in vested in the Supreme Court on the occasion of any action compensa- in respect of the following matters :—

(a) enforcing the attendance of witnesses and examining

them upon oath, or otherwise;

(b) compelling the production of documents;

(c) punishing persons guilty of contempt;

(d) ordering inspection of any premises; and

(e) entering upon and viewing any premises.

claims of

tion.

ment of

9. Nothing in this Ordinance shall be deemed to No enlarge- recognise or create any right or claim, or any greater right or compensation claim to compensation than but for this Ordinance would exist rights. and be recognised and enforceable by action in the Court.

works.

10. (1) The owner of every vessel or float of timber Liability for shall be answerable to the Government for any damage done damage to by such vessel or float of timber, or by any person employed 10 & 11 about the same, to any undertaking authorised or validated Vict. c. 27, by this Ordinance or connected therewith, and the master

@. 74.

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