726810-1856-GOVERNMENT-NOTIFICATION-NO-50 — Page 5

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The Hongkong Goverment Gaktic.

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We conclude our observations upon this branch of the subject matter of reference, by reminding Your Excellency Evidence of Andrew that it is perfectly optional with the Government, either to sell to such as will bid for them any reclaimed lands Shortrede, Esq, in which the holder of the Marine Lot in the rear may decline to take, or to proceed under the resumption clause of his Appendix 1. frase, and oust him from the Lot itself. In the latter case, it rests with the Surveyor-General alone to decide the question of his compensation and on that point again we have to remark a very extraordinary error which appears. to exist as to the duty of Government, aud which is stated-erroneously perhaps by one witness, who labors under the delusion, to have been produced, so far as he was concerned, by a conversation with the late Acting Attorney. Murrow, Esq., in Ap-

pendix İ.

General.

Evidence of Y. J.

III. A witness, whose opinions deserve all attention, considers that the co-operation of the willing Marine Lot- Evidence of Andrew holders with the Crown as representing the unwilling, will tend to the more easy, cheap, and expeditions execution Shortrede, Esq., in Ap of the proposed work. He also thinks that Your Excellency's Government has not the means at present to bear so pendix I. large an outlay, and that it will therefore be an improvement upon the plan proposed in the First Question, if the modification suggested by the Third be adopted. In that case, he thinks, the Government might advantageously agree with the Lotholders, on executing their portions of the Praya to the satisfaction of the Surveyor-General, either to repay them their outlay, or to remit their rent of the lands reclaimed by them, for a period proportioned to the amount of expenditure incurred. On the other hand, we have been assured by a Marine Lotholder who takes an active part against the Government plan in any shape, that he believes that the Marine Lotholders never will Antrobus, Esq., in Ap- co-operate with the Government in the execution of a work to which they are, upon principle, most hostile. Every pendiz 1. other witness who has been examined dissents from Mr Shortrede's view, and agrees with Mr Antrobus in the opinion that the decision of this question is, in fact, involved in that of the First Question; the reasons by which they are to be determined being in fact the same, if not in degree, at least in principle. We confess that such is also our opinion.

any

Evidence of R. C.

IV. The Bonham Strand portion is regarded by those witnesses, who are familiar with the locality and the Evidence of Messrs peculiarities which belong to it, as the portion least open to animadversion, and as one which onght, if the arrange. Antrobus, Murrow, ments of the Government permit, to be begun and accomplished with all possible despatch. Concurring thoroughly Pustau, and Duddell, in that opinion, we would direct Your Excellency's especial notice to the evidence of a gentleman by whom the in Appendix 1. Praya has been considered in a sanitary point of view, and to that of another gentlemaŭ by whom it has been Evidence of Mr similarly regarded in its relation to a proper system of Police, and which have left no doubt in our minds that, if

Duddell in Appendix Section of the work ought to be begun or finished before the residue, that Section is precisely that which Your I.

Evidence Excellency describes as the Bonham Strand portion of the Praya.

of Mr V. Some diminution appears to have been long going on in the depth of water at the several wharves and land-Evidence of Mr Mur-

Shortrede, Ibid. ing-places. The recess or wash of the sea is a probable cause, and to this the large accumulations of earth and rubbish row, Mr Duddell, and brought down by the drains and sewers, particularly in the rainy season, are certainly to be added.

What was the Mr Antrobus, in Ap- line of low-water mark at the formation of the colony, is said to be that of the present high-water mark.

It is an evil pend. I. more likely to increase than diminish; and, far from agreeing in the strictures contained in the Colonial Treasurer's ́ * Plan' and Letter Letter of the 5th January 1856, as to the too great extent of the plan of the Surveyor-General (Mr Cleverly), we of the Surveyor-Gen- think that it may be well worth His Excellency's consideration whether some further extension of the plan may not eral of the 28th De- be advisable to be adopted. One intelligent witness indeed is of opinion that the Praya ought to be carried so far cember, 1855; and also into the sea as "to enable large steamers and ships to lie alongside, and Passengers and goods to pass to and fro Letter of Mr Rienaee- * without being obliged to employ boats." The point deserves all

But whether the Praya can be

ker of the 5th January carried to that depth seaward is a question of

1856, in Append. II., ways and

ucy alone can determine, means, which The arrangements for enabling the public to enjoy their rights of access to the sea, for the purpose of shipping Evidence

(No. 18 & 16.)

of Mr and landing, embarking and disembarking, are described as having been from the early days of the colony altogether Shortrede, in Appen- inadequate. There can be no doubt that they are now palpably and disgracefully so. All persons, except the owners dix I.

of private wharves, suffer enormous inconvenience and damage from this state of things. It is probable, too, as related Ibid. And evidence by one witness, that the unfortunate Chinameu, ignorant of their rights and our duties, are the principal sufferers; of Mr Duddell in Ap- and that the facility thus afforded of squeezing” their traders, by extortions in the name of “toll thorough," is apendix : I. temptation which some Marine Lotholders have not had the virtue to resist.

to

"

Private wharves are of course private property, and the owners do what they will with their own. It is stated Evidence of A that they are, generally speaking, now anxious to accommodate the public with the use of their wharves, whether for Shortrede, Esq., and goods or passengers; but, if this be true, it is a truth hard to be reconciled with their owntheory, that the loss of Hon; Mr. Edger, in privacy, consequent upon the formation of a Praya, can be either a “nuisance ", or an "annoyance”, or an “injury Appendix I.

Evidence of the those gentlemen in their business. One and the same contradiction pervades their entire case. At one moment.

Hon. Mr Edger, in they are represented as persons who have been forced to encroach on the sea in order to get landing-places for the community; and as having reclaimed ground, constructed sea-walls, and built wharves for the common use of the Append. 1. public, not merely for their own. At another moment we are told, on the same authority, that they do not want any Praya at all, that they do not want any land to be reclaimed,-aud that they object to be made to occupy and pay rent for it. It is quite clear that the sooner these contrarieties are smoothed, and an intelligible and broad rule of Mr Antrobus in Ap- laid down whereby to adjust the hitherto violated common law rights of the Crown and the public with the perso- pend. I. nal interests of the leading Merchants, the better alike for the few and for the many, We think that the claim to erect and maintain privato wharves is a privilege, and as a privilege that it ought to be jealously regarded. The Evidence of Andrew

Ibid. Ibid. And Evidence

enjoyment of it must not be suffered to operate to the common annoyance of the subjects, or to the prejudice of the Crown. The fullest access to and from the Praya, seaward and landward, is a matter of public right. We think Hon. Mr Edger, Y. J. Shortrede, Esq., the that the suggestions appearing in our minutes of evidence on this head are useful;-but we forbear to express any Murrow, Esq., Wm. opinion as to their sufficiency,a watter which may be thought doubtful. Neither are we prepared on our own Pustau, Esq., and G. part to add to the recommendations which have been laid before us, some which have occured to ourselves, but Duddell, Esq. which, so long as the port is unprovided with a system of police, we think impracticable, Otherwise we might have Ibid, and Ibid. offered a few words upon the expediency of providing cranage and other conveniences of the kind at moderate but See the application adequate rates of remuneration to the Government, and of establishing by stringent regulation the order of embar- of Messrs Lindsay & kation and disembarkation at the public wharves. But as we heartily concur in thinking that the whole and sole Co., in their letter of supervision of the work whilst in progress, and the conservation of it when finished, ought to be vested in the Sur- reyor-General, with full powers to carry his instructions into effect, we also think that these details of his general and Mr Duddell's duty may be safely confided to the security which his official responsibility affords. We also think that, until the counter memorial of Praya is completed, as little as possible should be conceded to any Marine Lotholder in addition to his existing sea- frontage, in order that the existing accommodations at the command of the public, for landing and shipping of mission by His Excel- goods and passengers, miserable as those accommodations are, may not be further diminished.

lency.

the referred to the Com-

In concluding our Report, we hope to be allowed to mention a fact which has occasioned all of us the greatest See the Notification satisfaction in the discharge of the onerous and important duties with which we have been charged. We have been of the 5th March 1856, enabled to conduct our Enquiry in public, so far at least as regards the taking of evidence. It is impossible to-published in the overrate the great addition which the publicity of the examination gives to the authority of the evidence. But this' Friend of China' of is not the only advantage. We close our Enquiry in all certitude of being free from the reproach of partiality and that date, in the injustice, as we are unquestionably free from the kindred one of concealment.

All which we humbly certify to Your Excellency.

Council Room, Government Offices, 24th March, 1856.

should

colour,

mpire,

TO HIS EXCELLENCY

might

terest

It will

SIR JOHN BOWRING, LL.D.,

&C1

&0., &o.

T. CHISHOLM ANSTEY, A.G. WILLIAM COWPER, Captain---Commanding Royal Engineer,

J. C. POWER.

China Mail' of 6th March 1856, and the ⚫Hongkong Govern- ment Gazette' of the 8th March 1856,

ned by equal. Kisting

will be ›m the

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