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27. They are of varying design and utility and have been constructed around the Harbour to serve particular trades. The majority of them are privately owned and stand on sites that have
There are also been leased by the Government at an annual rent.
some, called temporary piers, that are held on ammual licence from the Government. The history of the leasing of the permanent piers is important, for it is the matter of these leases that has largely given rise to the present problem, as will be gathered from the mention of them in the terms of reference.
28. Prior to 1899 such piers as were in existence were let on varying conditions but in that year it was decided to grant pier leases for a term of 50 years ending on the 31st of Devember, 1949. Leases granted after 1899 were made to expire on the same date. The leases gave the right to the lessees af erecting and maintaining piers in, upon, over, across and above the Crown foreshore and Crown land covered with water, subject to the payment of a rent and to the observanoe by the lessees of all the provisions of the Piers Ordinance, 1899, and of any Ordinance at any time thereafter amending or substituted for the same and also the observance of any regulations then made or thereafter to be made by the Governor in Council, under Section 15 of the said Piers Ordinance, 1899.
29. The rent was based on the extent of the encroachment made by the piers, and a schedule of annual rents was drawn up, the figures varying from $120 for an encroachment of 500 square feet or less to $1,200 for an encroachment of over 10,000 square feet. This scale applied to sites in the City of Victoria; in any other place the scale was one half of those amounts. The term "Permanent Pier" is applied to piers erected under such leases.
30. There is no condition in the leases giving the lessees the right or any expectation of a renewal of them, and the piers at the termination of the leases thus become the property of the Government.
There are two Reports in existence touching on the matter. The first is dated 29th August, 1922, and is signed by Mr. E. R. Hallifar, then Secretary for Chinese Affairs, and Mr. C. W. Beckwith, then Harbour Master. In it the opinion was expressed that it was desirable to aim at the ownership by the Government of all piers, it being presumed that Government control could be made a "sound financial preposition".
32. The second Report is signed by Mr. John Duncan, the then Harbour Engineer, and Mr. L. C. P. Rees, then Principal Land Surveyor, and is dated 1st September, 1922. The authors of the Report had been asked to report on certain pier sites and were instructed, when dealing with the matter, to bear in mind the opinion expressed by the Colonial Secretary and the Harbour Master at a meeting of the Town Planning Committee, to the following effect:
(a) In future the Government should not alienate any more of the
Harbour frontage for the erection of private piers for the purpose of dealing with ocean-borne merchandise.
(b) In future the Government should erect, maintain and administer
all piers designed to accommodate ocean-going steamers. (o) The Government should pursue a policy of acquiring and there- after administering existing piers, with however certain exceptions such as those of the Hong Kong & Kowloon Wharf and Godown Company, and Messrs. Alfred Holt & Company.
(a) Whenever opportunity arises, the Government should acquire
existing ferry pier sites, and in future all new ferry piers should be erected and maintained by the Government.
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