231621-1936-Supplementary-Draft-Bills--Coinage-Offences-No-2-Amendment-Public-Reclamations-Validation-and-Clauses — Page 3

830

Short title.

Validation of undertakings set out in

and extinc- tion of rights, claims, etc. with respect thereto.

A BILL

INTITULED

[No. 2-21.7.36.-7.]

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, as follows:-

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 fishing and all public and private rights of access, user, the Schedule 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

to apply also

(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 the Pipe Pipe Lines and other undertakings set out in the Schedule.

Lines and

other under-

takings in Schedule.

Application

of Part II

to future

Ordinances

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 authorising and subject to the definitive approval of the Governor in public under- Council, the provisions of this Part of this Ordinance shall bakings over be deemed to be incorporated unless expressly varied or unleased excepted by such Ordinance.

provisionally

and upon

Crown

foreshore

and sea bed.

cf. B & 9 Vict. c. 18,

s. 1.