230451-1936-Supplementary-Bills-read-a-first-time- — Page 1

72

LEGISLATIVE COUNCIL.

No. S. 19. The following Bills were read a first time at a meeting of the Council held on the 16th January, 1936 :-

[No. 2-18.12.3-6.]

(C.S.O. 4305/30).

A BILL

Short title.

Validation of

set out in

the Schedule

and extinc- tion of

rights,

claims, etc. with respect thereto.

INTITULED

An Ordinance to validate certain undertakings which have been constructed or commenced over and upon unleased Crown foreshores and sea bed; and to enact certain general provisions which shall be deemed incorporated, unless expressly varied or excepted, in future Ordinances authorising reclamation or other works of a public nature over and upon such foreshores and sea bed.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, follows:

as

1. This Ordinance may be cited as the Public Reclama- tions Validation and Clauses Ordinance, 1936.

Part I.

2.—(1) All public and private rights of navigation or undertakings fishing and all public and private rights of access, user, possession or occupation, and all other public or private rights (if any) in upon and over the Crown foreshore, sea bed and land occupied, or to be occupied on completion, by each of the undertakings set out in the Schedule, and existing prior to the commencement thereof, shall be deemed to have been extinguished and to have ceased to exist on such commencement; and such undertakings are validated for all purposes notwithstanding that such works may have been undertaken or commenced without regard to such rights (if any) and without the authority of any enactment extinguishing such rights.

Section 10

(2) No claim shall at any time be made, or action brought or continued, in respect of the extinguishment under this section, in whole or in part, of any public or private right, or the injurious affection of any land or other property resulting therefrom.

3. The provisions of section 10 shall apply also to the to apply also Pipe Lines and other undertakings set out in the Schedule.

to the Pipe

Lines and

other under-

takings in

Schedule.

Application

of Part II

to future

Ordinances authorising

Part II.

4. In any future Ordinance authorising any undertaking for reclamation or other works of a public nature over and upon unleased Crown foreshore and sea bed, provisionally and subject to the definitive approval of the Governor in public under Council, the provisions of this Part of this Ordinance shall be deemed to be incorporated unless expressly varied or excepted by such Ordinance.

provisionally

takings over

and upon unleased

Crown

foreshore and sea bed.

cf. 8 & 9 Vict. c. 18,

s. 1.