12333-1909-Bills-read-a-first-time--Opium — Page 24

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THE HONGKONG GOVERNMENT GAZETTE, AUGUST 27, 1909.

5. It shall be lawful for the Governor to remove, des- Powers of troy, divert, stop up, raise, lower, enclosc, or otherwise Governor for alter such streets, drains, sewers, vacant ground, wharves, purposes of

effecting piers, landing places, rails and other things as may, in the works. discretion of the Governor, be necessary or desirable for the purpose of effecting the works authorized by this Ordinance.

6. The Governor shall maintain the said Refuge Works Maintenance out of moneys to be provided from the General Revenue of of works. the Colony,

7. So far as the said works (including any accessory Past work works) have heretofore been constructed and maintained, legalized. such construction and maintenance is hereby validated.

8. All public and private rights of navigation or fishing, Determina- and all public and private rights of access, user, possession tion of public

and private or occupation, and all other public or private rights (if any) rights. in, upon, and over such portions of the land, sea bed and foreshore as are or shall be occupied by the said works, are hereby determined, and shall be deemed to have ceased to exist prior to the commencement of the said works.

9. Nothing in this Ordinance shall be in derogation of Saving rights any of the powers or rights of the Crown in respect of the of Crown. said sea bed and foreshore.

reclaimed

10. The land, het of the sea and foreshore levelled or Property in reclajed under this Ordinance is hereby declared to be foreshore absolutely the property of the Crown, free from any and sea bed restriction whatever, and may be dealt with and disposed vested in of as any other Crown lands.

Crown.

Power to deal with

and dispose

of as Crown land.

11. Nothing in this Ordinance shall be deemed to recog- Foreshore nize any foreshore rights-whatever against the Crown, nor rights not.

recognized. shall anything in this Ordiuauce be deemed to affect any right or claim as between lessees and sub-lessees or tenants inter sc.

12.-(1.) Any of the persons whose names appear in Provision for the Land Office as the registered owners of Kowloon claims for Marine Lots 29, 30, or 31, or of any Section or Sub-section injurious

affecting of baving a frontage on Reclamation Street of either of the Marine Lots. said Lots (who are hereinafter referred to as the claimants) shall, if they deem that their property may be injuriously affected by reason of its access to the sea being interfered with by the works authorized by this Ordinance, on or before the 31st day of October, 1909, deliver to the Director of Public Works particulars in writing of such injurions affecting and of their claims in respect thereof, and the Governor may, if he thinks fit, award to any such claim- ent such a sum of money, or such a Crown Lease of any portion of the area to be levelled and reclaimed under the authority of this Ordinance, as the Governor may in his absolute discretion think sufficient as and by way of com- pensation for any such injurious affecting.

(2.) Before giving his award under this section the Governor shall hear any evidence which either the Direct- or of Public Works or the claimant may wish to tender, provided such evidence be tendered within such time as the Governor may appoint for that purpose, and the Governor shall also, if so desired, bear Counsel on behalf of the Crown or the claimant.

(3.) No appeal shall lie from any award or decision of the Governor under this section.

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