THE HONGKONG GOVERNMENT GAZETTE, APRIL 5, 1907.
THIRD SCHEDULE.
FORM OF MINING LEASE.
THIS INDENTURE made the Thousand Nine Hundred and
day of
One
BETWEEN OUR
**
included
397
SOVEREIGN LORD EDWARD THE SEVENTH by the Grace of God of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, KING, Defender of the Faith, Emperor of India, of the one part and
who and whose heirs executors administrators and assigns are hereinafter included under the designation "the Lessee" of the other part WHEREAS
is now the duly constituted and appointed Governor and Commander-in-Chief of the Colony of Hongkong and its Dependencies and is duly authorised to enter into these presents in the name of and on behalf of His said Majesty NOW THIS INDENTURE WITNESSETH that in consideration of the yearly rents royalty and covenants and stipulations hereinafter reserved and contained "by and on the part and behalf of the said Lessee to be paid done and performed His said Majesty KING EDWARD doth hereby grant and demise unto the Lessee ALL the*
(hereinafter The metals referred to as "the said mines and minerals") in, under and upon the piece of land and minerals having an area of
or thereabouts and delineated on must be the Plan hereto annexed and therein coloured pink TOGETHER with full and free specified, liberty for the Lessee his agents and workmen in and upon the said land to dig, sink, drive, make and use all such pits, shafts, levels, water-courses and other works which it may be necessary to use in finding, seeking for, winning, working, and obtaining the said mines and minerals, and also to appropriate and use such part of the said land either underground or on the surface as may be proper and requisite as well as for depositing and laying down the said mines and minerals, and placing and keeping the waste, refuse and rubbish which may be worked along with them from time to time, as for washing and obtaining the said mines and minerals and for effectually separating them from all the soil and other substances mixed with them and for smelting or reducing the Ore into Metal, and also for supplying the said mines and works with water and for freeing the same from water, and for the purposes aforesaid to erect make and employ all such fire, steam, water, or other engines, buildings, smelting works, furnaces, workmen's houses, shafts, crushing mills, sheds or huts, machinery and works as may be proper and reason- able, and all other necessary or convenient powers or authorities, privileges and advantages for all or any of the purposes aforesaid PROVIDED that the Lessee shall only be at liberty to use such parts of the surface of the said land as consist of Crown waste land not otherwise démised TO HOLD the said mines and minerals and all and singular the premises with the appurtenances unto the Lessee from the
day of
One Thousand Nine Hundred for and during the term of Seventy-five years from thence next ensuing and fully to be completed and ended YIELDING and paying therefor yearly unto His said Majesty his heirs and successors in advance on the day of
and thenceforth in advance at the commencement of every current year during the said term a yearly rent or sum of Four Dollars for each acre or part of an acre and YIELDING and paying a Royalty on all the produce of the said mines at such rate per ton of each species of metal or other mineral procured from the said miues as may be fixed for each year of the said term by the Governor- in-Council PROVIDED that the rate of such royalty shall not exceed five per cent. of the estimated market value of the metal or mineral (in respect of which it is charged) at the Mines when ready for exportation or for smelting or reducing AND provided that the said royalty shall only be payable in respect of the actual quantity of metal or mineral which is during the course of the year for which the royalty is fixed either removed from the area included in this lease or taken to some smelting or reducing works within that area PROVIDED also that in case of any dispute arising as to the amount of royalty payable such dispute shall be referred to the Governor of Hongkong whose decision shall be final AND YIELDING and paying a further yearly rent at the rate of One Hundred Dollars per acre for such parts of the surface of the area included in this demise, consisting of Crown waste land, as may from time to time be occupied by the Lessee for the purpose either of working mines or for the erection of any buildings · or works which the Lessee is premitted to erect under these presents, or for
and