223049-1935-Supplementary-Draft-Bill--Public-Reclamations-Validation-and-Clauses — Page 2

1989

publication

5.-(1) Notification of every such undertaking with a Notification description thereof and of the area intended to be occupied of under-

taking, in connection therewith, shall be published in every ordinary hearing of issue of the Gazette during a period of two months and shall objections, also be published by proclamation in the Chinese language of definitive which shall be publicly posted in some suitable place on or

approval and com- mencement of execution of under-

near the said area.

(2) Every such notification and proclamation shall taking. contain a notice calling upon all persons having objections to the said undertaking or any claims of private right in respect thereof to send in their objections or claims of right in writing, specifying the nature of such objections and claims, to the Director of Public Works before the expiration of the said period of two months.

(3) All such objections and claims shall be duly considered by the Governor in Council who shall afford to every person, who has so sent in his objection or claim in writing, an opportunity of being heard in person or by counsel or solicitor.

(4) After affording the objectors and claimants an opportunity of being heard, or if no objection or claim is sent in as aforesaid, the Governor in Council may give definitive approval of the undertaking or any modification thereof.

(5) Notification of such definitive approval with a description of the undertaking and of the area intended to be occupied in connection therewith shall be published in the Gazette.

(6) The execution of any such undertaking or any modification thereof shall not be commenced until such definitive approval shall have been so published.

publication

6. Upon the publication of such definitive approval all Extinction public and private rights of navigation or fishing and all of rights on public and private rights of access, user, possession or of definitive occupation, and all other public or private rights (if any) approval. in upon and over the Crown foreshore, sea bed and land to be occupied by the undertaking shall be extinguished and cease to exist.

for com- pensation

claims where private rights

are affected.

7.-(1) No action shall at any time be brought or Provision continued in respect of the extinguishment under section 6, in whole or in part, of any public or private right or the injurious affection of any land or other property resulting therefrom. But any person who shall have sent in a claim of private right under section 5 (2) (or the executors, administrators or assigns of such person) and who seeks to recover compensation in respect of any such extinguishment or injurious affection, may, within two months after the publication of the definitive approval under section 5 (5), deliver to the Director of Public Works a Statement of Claim in writing setting forth, with full particulars, the nature of his claim and the amount of compensation which he seeks

to recover.

(2) The Governor may, if he thinks fit, enter into an agreement with any claimant for the compromise or settle- ment of any claim.

(3) If the Governor makes no acceptable offer of settle- ment or compromise within two months of such delivery of the written Statement of Claim, the claimant may within three