12668-1909-Ordinances-passed-and-assented-to--Christian-Burial-Ground-No-38 — Page 4

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THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 12, 1909.

8. All public and private rights of navigation or fishing, Determina- and ali 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, son 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.

foreshore

10. The land, bed of the sea and foreshore levelled or Property in reclaimed under this Ordinance is hereby declared to be reclaimed absolutely the property of the Crown, free from any and sea bed restriction whatevo), 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 Ordinance he deemed to affect any right or claim as between lessees and sub-lessces or tenants inter se.

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 having a frontage on Reclamation Street of either of the Marine Lots. said Lots or of Kowloon Marine Lot 32 (who are herein- after 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 authoriz- ed by this Ordinance, on or before the 31st day of December, 1909, deliver to the Director of Public Works particulars in writing of such injurious affecting and of their claims in respect thereof, and the Governor may, if he thinks fit, award to any such claimant 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 compensation 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, hear 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.

(4.) The Governor may instead of making an award under this section enter into an agreement with any claim- ant for the compromise or settlement of any claim on such terms as the Governor may think fit.

Passed the Legislative Council of Hongkong, this 11th day of November, 1909.

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C. CLEMENTI,

Clerk of Councils.

Assented to by His Excellency the Governor, the 12th

day of November, 1909.

F. H. MAY, Colonial Secretary.

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