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Article: The possible conflicts between profits a prendre and property rights under the Marine Fish Culture Ordinance

TitleThe possible conflicts between profits a prendre and property rights under the Marine Fish Culture Ordinance
Authors
KeywordsCultured Fish
Personal Rights
Profits A Prendre
Issue Date2002
PublisherTaylor & Francis Ltd. The Journal's web site is located at http://www.uq.edu.au/aem/journal.htm
Citation
Aquaculture Economics And Management, 2002, v. 6 n. 3-4, p. 167-176 How to Cite?
AbstractAt common law, a right to be entitled to the natural produce of another person's land - profits a prendre, or simply profits - is capable of being a legal right. It is a legal estate: a kind of right which is capable of binding whoever comes upon the land and is operative outside the ambit of contract; it is independent of who are the owners of the servient tenement and the dominant tenement; it is a kind of right "binding the whole world". The Marine Fish Culture Ordinance, Cap 353, Laws of Hong Kong, confers upon the Director of Agriculture, Fisheries and Conservation authority to grant a licence whereby a party is given the right to culture fish within the provisions of the Ordinance. Culturing fish without the appropriate licence is an offence under the Ordinance. These two kinds of rights differ at least in that one is a right relating or attaching to land and the other is a right given to a person by statute; one is a legal estate and is independent of the person and the other is a personal right which is granted to a specific person. However, the two are interrelated in that both could relate to fish culture and there may be conflict between them at times. This study compares these two kinds of rights and identifies the areas in which one may affect the other. Discussion is included in this paper concerning situations where the two may be in conflict, and suggestions are made to improve this.
Persistent Identifierhttp://hdl.handle.net/10722/168707
ISSN
2015 Impact Factor: 1.175
2015 SCImago Journal Rankings: 0.422
References

 

DC FieldValueLanguage
dc.contributor.authorLeung, HFen_US
dc.date.accessioned2012-10-08T03:31:41Z-
dc.date.available2012-10-08T03:31:41Z-
dc.date.issued2002en_US
dc.identifier.citationAquaculture Economics And Management, 2002, v. 6 n. 3-4, p. 167-176en_US
dc.identifier.issn1365-7305en_US
dc.identifier.urihttp://hdl.handle.net/10722/168707-
dc.description.abstractAt common law, a right to be entitled to the natural produce of another person's land - profits a prendre, or simply profits - is capable of being a legal right. It is a legal estate: a kind of right which is capable of binding whoever comes upon the land and is operative outside the ambit of contract; it is independent of who are the owners of the servient tenement and the dominant tenement; it is a kind of right "binding the whole world". The Marine Fish Culture Ordinance, Cap 353, Laws of Hong Kong, confers upon the Director of Agriculture, Fisheries and Conservation authority to grant a licence whereby a party is given the right to culture fish within the provisions of the Ordinance. Culturing fish without the appropriate licence is an offence under the Ordinance. These two kinds of rights differ at least in that one is a right relating or attaching to land and the other is a right given to a person by statute; one is a legal estate and is independent of the person and the other is a personal right which is granted to a specific person. However, the two are interrelated in that both could relate to fish culture and there may be conflict between them at times. This study compares these two kinds of rights and identifies the areas in which one may affect the other. Discussion is included in this paper concerning situations where the two may be in conflict, and suggestions are made to improve this.en_US
dc.languageengen_US
dc.publisherTaylor & Francis Ltd. The Journal's web site is located at http://www.uq.edu.au/aem/journal.htmen_US
dc.relation.ispartofAquaculture Economics and Managementen_US
dc.subjectCultured Fishen_US
dc.subjectPersonal Rightsen_US
dc.subjectProfits A Prendreen_US
dc.titleThe possible conflicts between profits a prendre and property rights under the Marine Fish Culture Ordinanceen_US
dc.typeArticleen_US
dc.identifier.emailLeung, HF: hfleung@hkucc.hku.hken_US
dc.identifier.authorityLeung, HF=rp01009en_US
dc.description.naturelink_to_subscribed_fulltexten_US
dc.identifier.scopuseid_2-s2.0-0036383275en_US
dc.identifier.hkuros83846-
dc.relation.referenceshttp://www.scopus.com/mlt/select.url?eid=2-s2.0-0036383275&selection=ref&src=s&origin=recordpageen_US
dc.identifier.volume6en_US
dc.identifier.issue3-4en_US
dc.identifier.spage167en_US
dc.identifier.epage176en_US
dc.publisher.placeUnited Kingdomen_US
dc.identifier.scopusauthoridLeung, HF=8654056500en_US
dc.customcontrol.immutablesml 130724-

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