12738-1909-Bills-read-a-first-time--Stamp-Further-Amendment — Page 4

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THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 3, 1909.

Granting of lease where

claim allow.

ed unless Governor

declines.

“12.—(1.) In any case where the Board allows the claim a lease shall be granted within such time as may be convenient, unless the Governor in his discretion declines to graut a lease in which case the claim shall be referred to the Director of Public Works who may negotiate with the claimant in respect of the grant of a lease of other land or lands in lieu of the holding in relation to which the claim is made.

(2.) In the event of a failure to effect such a negotiation the Director of Public Works shall decide what compensation shall be paid to the claimant in respect of such holding and of any building or fixture, the removal of which is in the opinion of the Director of Public Works necessary or desirable in the public interest, and in such case the amount awarded by the Director of Public Works shall be paid by the Government to such person as the Director of Public Works may direct.

Provided always that in estimating any claim for compensation the Director of Public Works shall take into consideration the condi- tion of a building as regards the security of its structure and its sanitary condition.

(3.) No appeal shall lie from any decision of the Director of Public Works under this section."

•

Memorandum.

This Bill amends section 12 of the Squatters Ordinance, 1890.

In certain cases squatters' claims have been allowed by the Board but it has been deemed desirable to withhold the grant of Leases until sanitary buildings have been con- structed and it is now proposed to give the Director of Public Works the alternative power of arranging for the grant of new sites in approved positions in exchange for the original holdings.

In the event of the arrangement not being effected the amount of compensation payable to the claimant is to be assessed by the Director of Public Works.

W. REES DAVIES,

Attorney General.

Short title.

Definition.

Exempts Crown Leases of Foreshore

and Sea Bed in New Ter- ritories from

a certain condition.

A BILL

ENTITLED

An Ordinance to exempt Crown Leases granted in respect of Foreshore and submerged lands in the New Territories from a certain condi- tion imposed under the Foreshores and Sea Bed Ordinance, 1901.

BE it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as "The Foreshores and Sea Bed New Territories Exemption Ordinance, 1909 ".

2. In this Ordinance the term "New Territories" shall have the meaning assigned to it by the New Territories (Extension of Laws) Ordinance, 1900.

3. So much of the provision of section 3 of the Fore- shores and Sea Bed Ordinance, 1901, as requires the insertion in the Gazette of the terms of Crown Leases proposed to be made under the said Ordinance with a description of the property intended to be demised shall not apply in respect of such leases as may hereafter be granted of any portions of the Foreshore, Sea Bed, and sub- merged land as are situated in or contiguous to the New Territories.