CO129-557-3 Public Reclamation Validation and Clauses Ordinance 1936 16-7-1936 - 18-9-1936 — Page 8

Noted.

Library.

9.12.36.

62 Hory Kory. N: 449-4 Qurd 4/3. 30 NOV 1936

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Fo.

No. 549.

Sir,

49

GOVERNMENT HOUSE,

HONG KONG.

18th September, 1936.

Encl. No. 1.

Encl. No. 2.

I have the honour to submit for the

signification of His Majesty's pleasure the following

Ordinance 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 foreshores and sea bed."

2.

The enclosed report by the Attorney General

explains the objects and reasons of the Ordinance.

I have the honour to be,

ه هلا

Sir,

Your most obedient, humble servant,

Aura - 6

1817

Badmy.

iner to Looy

THE RIGHT HONOURABLE

W.G.A. ORMSBY-GORE, P.C., M.P.,

&c.,

&c.,

&C.,

RC ME

Colonial Secretary

In the absence of the Governor.

HONG KONG.

No. 40 OF 1936.

I assent.

L. S.

A. CALDECOTT,

Governor.

16th September, 1936.

An Ordinance to validate certain undertakings which have been constructed or commenced over and upon unleased Crown foreshores 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 foreshores and sea bed.

[16th September, 1936.]

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, 1936.

Part I.

tion of

in

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

undertakings possession or occupation, and all other public or private the Schedule rights (if any) in upon and over the Crown foreshore, sea bed and extinc- 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.

to apply also to the Pipe Lines and other under- takings in Schedule.

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