564
Prohibition of erection of warehouse, etc., on pier.
Public right of use of pier.
Prohibition of "vessel lying along end of pier.
Power to order removal of pier, and payment of cost of removal.
No. 11.] THE ORDINANCES OF HONGKONG: [A.D. 1899,
articles or materials or things shall, except as aforesaid, remain on any pier beyond the time actually required for their shipment or landing, as the case may be.
11. No warehouse, shed, or building of any kind, other than a shelter against the weather, shall, except with the consent of the Director of Public Works, be erected by any person on any pier.
12. Steam-ferries and passenger-boats shall not be entitled to make habitual use of any pier not constructed for their sole use, but casual passengers and their luggage shall at all times have free access to any pier for the purpose of landing or embarking, so long as they do not interfere with the proper working of any craft belonging to the owners of the pier or any other craft using the wharf by arrangement with the owners.
13. No vessel shall lie alongside the end of any pier, unless the pier is specially constructed for that purpose.
14.—(1.) In the event of any portion of the land over which a pier is erected being required for any purpose which the Governor-in-Council decides to be a public purpose, then it shall be lawful for the Governor-in-Council to cancel the licence for or lease of such pier and to order that such pier shall be either partially or entirely removed by the owner thereof and at his expense.
(2.) The Director of Public Works shall alone be entitled to dictate, in the event of a partial removal of such pier, what portions of it are to be so removed, and any such removal, whether partial or total, shall be effected by the owner within such a period as may be ordered by the Director of Public Works in a notice in writing served on the owner.
(3.) The cost of such removal or partial removal of such pier shall be defrayed exclusively by the owner thereof, and no compensation will be paid by the Government for, and no action, suit, or other legal proceeding shall lie against the Government in respect of, any description of loss or damage, whether direct or indirect, which the owner of such pier may sustain by reason of such removal or partial removal.
(4.) The Governor-in-Council will, however, consider on its merit and on such evidence as the Governor-in-Council may think fit, any moral claim to compensation which may be brought forward by the owner of such pier in respect of the removal or partial removal thereof, and if Governor-in-Council considers that compensation in respect of such removal or partial removal ought to be paid to such owner, then compensation shall be paid to such owner accordingly: Provided, nevertheless, that nothing in this section shall affect the rights of the ... with regard to any pier already erected or hereafter to be created for a temporary purpose only.
564
Prohibition of erection of warehouse, etc., on pier.
Public right of use of pier.
Prohibition of "vessel lying
along end of pier.
Power to
order
removal of
pier, and pay- ment of cost of removal.
No. 11.] THE ordinances OF HONGKONG: [A.D. 1899, articles or materials or things shall, except as aforesaid, remain on any pier beyond the time actually required for their shipment or landing, as the case may be.
11. No warehouse, shed, or building of any kind, other than a shelter against the weather, shall, except with the consent of the Director of Public Works, be erected by any person on any pier.
12. Steam-ferries and passenger-boats shall not be entitled to make habitual use of any pier not constructed for their sole use, but casual passengers and their luggage shall at all times have free access to any pier for the purpose of landing or embarking, so long as they do not interfere with the proper working of any craft belonging to the owners of the pier or any other craft using the wharf by arrangement with the
owners.
13. No vessel shall lie alongside the end of any pier, unless the pier is specially constructed for that
purpose.
14.--(1.) In the event of any portion of the land over which a pier is erected being required for any purpose which the Governor-in-Council decides to be a public purpose, then it shall be lawful for the Governor in-Council to cancel the licence for or lease of such pier and to order that such pier shall be either partially or entirely removed by the owner thereof and at his expense.
(2.) The Director of Public Works shall alone be entitled to dictate, in the event of a partial removal of such pier, what portions of it are to be so removed, and any such removal, whether partial or total, shall be effected by the owner within such a period as may be ordered by the Director of Public Works in a notice in writing served on the owner
(3.) The cost of such removal or partial removal of such pier shall be defrayed exclusively by the owner thereof, and no compensation will be paid by the Government for, and no action, suit, or other legal proceed ing shall lie against the Government in respect of, any description of loss or damage, whether direct or indirect, which the owner of such pier may sustain by reason of such removal or partial removal.
(4.) The Governor-in-Council will, however, consider on its merit and on such evidence as the Governor-in-Council may think fit, any mora claim to compensation which may be brought forward by the owner o such pier in respect of the removal or partial removal thereof, and if Governor-in-Council considers that compensation in respect of such moval or partial removal ought to be paid to such owner, then compen sation shall be paid to such owner accordingly: Provided, nevert that nothing in this section shall affect the rights of the with regard to any pier already erected or hereafter to be created a temporary purpose only.
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