schedule but also any damage to be sustained by the Army Council in the event of sale and transfer as aforesaid by reason of the severing of the lands to be sold and purchased from other lands of the Army Council and by otherwise injuriously affecting such other lands by reason of such sale and transfer except as regards access by existing roads footways and carrying ways all of which are to remain available to the Army Council and the garrison as heretofore until some equally suitable and approved access is provided by the Government of Hongkong and having also regarded the fact that the Government of Hongkong have agreed as a condition precedent to transfer by the Army Council to reprovision as regards site and buildings and having also regarded the agreements terms stipulations provisoes and reservations as recited herein Do make this my award in writing of and concerning the premises in the manner following that is to say-I do award settle order and determine that upon sale and transfer by the Army Council to the Government of Hongkong of the lands described in the schedule hereto within ten years from the date hereof but not thereafter the total or aggregate of the several sums set out in the fifth column of the said schedule or ascertainable from the rates and figures in the said schedule set forth and the rules therein laid down for ascertaining increases or deductions in certain cases will be due from the Government of Hongkong to the Army Council as and for the price purchase money and compensa- tion for the lands described in the said schedule and the inheritance thereof in fee simple in possession and for all damages to be sustained by the Army Council by reason: of any severing and injurious affecting of other lands on such sale and transfer except as hereinbefore mentioned And I do also award settle order and determine that the several sums set out in the fifth column of the said schedule are site values which include the value of materials of buildings now standing on the lands to which such several sums relate for removal by the purchaser where such removal could be made at a profit and allowing for the cost to the purchaser of such removal where such cost would be more than the value of the materials And that if upon completion of the sale and purchase as aforesaid the Government of Hongkong should decide to make some use of a permanent nature of any of the buildings which at the time of transfer may be on the lands transferred instead of pulling down such buildings then and in every such case the value as may be mutually agreed by the Army Council and the Government of Hongkong of the buildings so used according to and based upon the use so to be made shall be added to the price or sum of or for the land upon which such building stands And further I do award settle order and determine that in the event of withdrawal by the Army Council as herein before mentioned of any of the said complete blocks or lots then and in such case the price or sum which will be due as aforesaid will be the said sum total or aggregate less such of the said several sums set out or ascertainable as aforesaid, as relate to the block or lot or blocks or lots so withdrawn In Witness whereof I have set my hand to this duplicate of my award this Second day of November One thousand nine hundred and twenty three.
Signed by the said Sir JOHN HUBERT OAKLEY
in the presence of
(Sd.) H. K. HOLMES,
Crown Solicitor,
HONGKONG.
(Sd.) R. M. COBB, Rochester,
KENT.
(Sd.) JOHN H. OAKLEY.