C.S. 166

CONFIDENTIAL #B

XCC(77)47

(iv)

(1)

(j)

Access to the : Sea

Indemnity against Claims

(k) Premium

(1)

Note 1

Tender Stipulations

38

of 40

Copy No Page 7 of 11

The purchaser to maintain in the Government explosives storage magazines such stocks of its products and suitable blasting accessories as shall be required by the Commissioner of Mines, and pay appropriate storage fees. (See Note 2 below).

Rights of access to the sea from the lot to be restricted to access to the pier mentioned in sub-paragraph (g)(vi) above.

The purchaser to indemnify the Hong Kong Government and Ministry of Defence against all claims of whatsoever nature arising from any accident or explosion resulting from the operation of the plant or carriage of products to the Government magazines; additionally the purchaser to agree that Government and the Ministry of Defence accept no liability for any damage, nuisance or disturbance caused or to be suffered by the purchaser as a result of firing or explosions in the vicinity.

: As tendered, payment by instalments to

be permitted over 10 years at interest of 5% per annum.

Government does not bind itself to accept the highest or any tender, and reserves the right to require reasonable further information on manufacturing processes, product, and other matters relevant to its award of the tender; it also reserves the right to obtain an independent assessment of the tenders and information submitted.

As the award of the tender will give a considerable advantage to the successful tenderer in the local explosives market, it is not considered that a long lease of 75 years would be appropriate. However, the plant is expensive, and the length of term will affect both the tendered premium and the sale price of the products. It is therefore proposed that a lease of twenty years should be tendered, with a provision for Government to inform the purchaser at the end of fifteen years whether the lease is to be further renewed and for how long.

CONFIDENTIAL

機密

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