657985-1889-Bill-Reclamation — Page 2

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THE HONGKONG GOVERNMENT GAZETTE, 23RD MARCH, 1889.

5. All the land and foreshore and bed of the sea to be reclaimed under this Ordinance, and all the land occupied by the present Praya road-way and wall along the line of the intended reclamation, is hereby declared to be absolutely the property of the Crown, free from any restriction whatever, and the Governor shall have power, subject to the provisions of this Ordinance, to deal with the same and to dispose of the same for building or any other purpose in the same way and to as full an extent as in the case of other Crown lands; and all property, estate, rights or supposed rights and ease- ments or supposed casements of any persons or class of persons, whether Crown leaseholders or licensees or other- wise, to the user or possession or occupation of, in, over or in any way in relation to such land, foreshore, bed of the sea embankment, reclamation or praya road-way and wall, or in relation to any wharf, landing place, pier or other place, situate thereupon, are hereby declared to be absolutely extinguished and determined.

8. Whereas the persons whose names are contained in Schedule A to this Ordinance are respectively the holders of the lots of land or sections thereof fronting the Praya Roadway and registered in the Land Office of the Colony under the numbers and descriptions specified in the said Schedule, and such persons have declared their readiness to contribute for the purposes of the works authorized by this Ordinance, the sums of money set out in the said Schedule, provided that the Governor will grant to them respectively Crown leases of such portions of the proposed reclamation as are delineated and marked with their respective names and coloured red upon the plans now deposited in the Land Office, and have respectively declared themselves willing to enter into agreements with the Government to carry out such arrangements: be it enacted that it shall be lawful for the Governor to enter into and carry out such agreements in the form and terms set out in Schedule B to this Ordi- nance, and to dispose of the reclaimed land in accordance therewith.

All holders of lots or sections fronting upon the present praya road-way between the eastern and western limits men- tioned in this Ordinance who have not already declared their willingness to enter into agreements, as in Schedules 4 and B set forth, to contribute for the purposes of the works shall have the option of entering into such agreements at any time within 3 months of the passing of this Ordi- nance, and such of the said bolders as do enter into such agreements shall be entitled to receive in respect of their contributions as specified in Schedule C to this Or- dinauce Crown leases of such portions of the proposed re- clamation as are delineated and marked with the numbers of their respective lots and painted yellow upon the plans now deposited in the Land Office; and it shall be lawful for the Governor to enter into and carry out such agreements, and to dispose of the reclaimed land in accordance there- with.

In case any such holder declines to enter into, any; agreement in manner above provided he shall have no claim to any compensation in respect of any depreciation of his lot by reason of the works to be carried out under this Ordinance, but the Governor may if he thinks fit award to him such a sum of money or such a Crown Lease of new land as he may in his absolute discretion think sufficient as and by way of compensation for any injury that such lot- holder may have sustained by the works.

If from time to time before the completion of the works authorized by this Ordinance any extraordinary loss, damage or expense is caused to or rendered necessary for the works or for any portion thereof by or in conse- quence of any unforeseen difficulties that may present themselves in the progress of the works or by or in consequence of any typhoon or storm or other catastrophe such loss, damage or expense shall when it has been ascer- ained by the Surveyor General and certified by him to the Governor in Council, be made good by the holders whose names are contained in Schedules A and C each such holder contributing such a proportion of the sum required as shall in the opinion of the Surveyor General correspond to the proportion which such holder's original contribution as stated in the third column of Schedule A or C (as the case may be) bore to the whole sum originally agreed to be contributed by the holders, whose names are contained in such Schedules the amount in each case to be determined by the Surveyor General,