191688-1932-Supplementary-Draft-Bills--Chinese-Temples-Amendment-Foreshores-and-Sea-Bed-Amendment — Page 3

Substitution

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property intended to be demised, shall be inserted in every ordinary issue of the Gazette during a period of one month and shall be published by proclamation in the Chinese- language, which proclamation shall be publicly posted in some suitable place near the site of the said property, together with a notice calling upon all persons having objections to the granting of such lease to send in their objections in writing to the Colonial Secretary before the expiration of the said period of one month, and all such. objections shall be duly considered by the Governor in Council.

(2) On such consideration the Governor in Council shall have regard to the objections and also to the public benefit which would accrue by over-ruling them.

(3) In any case in which in the opinion of the Governor in Council the over-ruling of an objection would involve special damage to the holder of any lot, abutting directly on the sea or on any tidal river or channel connected there- with, in his user of such lot and loss of value in his holding, the Governor in Council may make an order for compensa- tion to be assessed by the Land Officer or by a District Officer and for the payment out of the general revenue of the Colony to the holder of the lot of compensation as so assessed. Any such assessment shall be subject to review by the Governor in Council whose decision shall be final.

(4) This section shall not be deemed to authorise the grant of any Crown lease which would derogate from or be inconsistent with the rights of sea access, if any, specifically granted to the holder of any lot, abutting directly on the sea or on any tidal river or channel connected therewith, by any Crown lease, without the consent of such holder.

(5) So much of the provision of this section as requires. the insertion in the Gazette of the terms of the Crown leases proposed to be made under this 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 submerged land as are situated in or contiguous to the New Territories.

3. The proviso to section 5 of the Foreshores and Sea for proviso to Bed Ordinance, 1901, is repealed and the following proviso

is substituted therefor.

Ordinance

No. 15 of

1901, s. 5.

Provided that nothing in this section shall be deemed to derogate from or be inconsistent with the rights of sea access, if any, specifically granted to the holder of any lot, abutting directly on the sea or on any tidal river or channel connected therewith, by any Crown lease.

Objects and Reasons.

1. Section 2 of this Ordinance substitutes a new section for section 3 of the principal Ordinance. Sub-section (1) of the new section re-enacts the original section as far as the end of the first proviso thereto. Sub-section (5) re-enacts the last paragraph of section 3 of the principal Ordinance.

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