227533-1936-Ordinances-passed-and-assented-to--Public-Reclamations-Validation-and-Clauses-No-40-of-1936-Sisters-of-the-Precious-Blood-Order-Incorporation-No-41-of-1936 — Page 3

THE HONG KONG GOVERNMENT GAZETTE, SEPTEMBER 18, 1936.

Part II.

to future

4. In any future Ordinance authorising any undertaking Application for reclamation or other works of a public nature over and of Part II upon unleased Crown foreshore and sea bed, provisionally Ordinances and subject to the definitive approval of the Governor in authorising

provisionally Council, the provisions of this Part of this Ordinance shall public under- be deemed to be incorporated unless expressly varied or takings over excepted by such Ordinance.

and upon unleased Crown

foreshore

and sea bed.

cf. 8 & 9

Vict. c. 18, s. 1.

taking,

5.-(1) Notification of every such undertaking with a Notification description thereof and of the area intended to be occupied of under- in connection therewith, shall be published in every ordinary hearing of issue of the Gazette during a period of two months and shall objections, publication also be published by proclamation in the Chinese language of definitive which shall be publicly posted in some suitable place on or approval near the said area.

and com- mencement of execution

taking.

(2) Every such notification and proclamation shall of under- 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.

6. Subject to the provisions of sections 7, 8 and Extinction 9, upon the publication of such definitive approval all of rights on publication public and private rights of navigation or fishing and all of definitive public and private rights of access,

approval. user, possession or occupation, and all other public or private rights (if any) 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

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 private rights therefrom. But any person who shall have sent in a claim

claims where

are affected.

875