3

2

9. The route and all matters of position and construction of the electric generating station, crossings, passing places, sidings, junctions, rails, turntables, plates, offices, weighbridges, workshops, sheds, quarters for employees, overhead and other wires, cables, standards, poles, brackets, pipes and all other such works and conveniences in connec- tion therewith to be subject to the approval of the Director of Public Works.

11. In the event of such Ordinance as aforesaid being passed the Promoters shall have the option of taking up (immediately after the commence. ment of the construction of the tramway or light railway) leases of certain unleased Crown lands with building rights on the following terms and conditions:-

12. The areas to which such option applies are as follows:-

(1) all the land in the vicinity of Wongneichong Gap coloured red on

the map or plan referred to in Article No. 1 hereof,

(2) land adjoining the route of the tramline or light railway South of the area referred to in clause (1) of this Article, and coloured yellow on the said plan,

(3) land adjoining or in the vicinity of the proposed road from Aber- deen to the East side of Repulse Bay coloured brown on the plan referred to in Article No. I hereof and

(4) the tidal flat area between Aberdeen, Little Hongkong and Brick Hill coloured green on the plan referred to in Article No. 1 hereof.

The approximate position of such land is shown on the map or plan referred to in Article No. 1 hereof. The total area of land granted is 196 acres more or less plus the equivalent of 100 yards on each side of the lines of route marked C.D.E.F. and I.J.H.F.K.L. on the said map or plan, in addition to the tidal flat described in clause (4) of this Article.

15. The whole or any part of the areas over which the Promoters have an option under this agreement may be taken up by the Promoters within 25 years from the commencement of the Ordinance above referred to. After the expiration of the said term of 25 years the option shall cease. 16. Crown Leases of the areas taken up shall be granted to the Promoters or their nominees for terms of 75 years each lease to be renewable for one further term of 75 years at a reassessed Crown Rent. The term for each area taken up shall commence from the date of the notifica- tion by the Promoters that they propose to take up such area.

17. Premium at the rate of $250 per acre, except as provided in Article 27. for each area taken up shall be paid by the Promoters into the Colonial Treasury within 7 days from the date of the notification by the Pro- moters that they propose to take up such area.

18. Crown Rent at the rate of $30 per acre per annum from the commence- ment of the term shall be reserved by each Crown Lease, and the Promoters shall all fees of and incidental to such Crown Leases.

pay

19. The option land referred to in Article No. 11 above shall be sub-

ject to the following condition :-

A sum of not less than $4,000 per acre to be expended in respect of each area of land taken up in the erection and completion within 24 months of the date of the grant to the Promoters of at least one good and permanent messuage or tenement upon some portion of such land PROVIDED ALWAYS that any acre of land which is not built upon or occupied by such a messuage or tenement or cultivated as a garden or otherwise, to the satisfaction of the Governor-in-Council, and which is in the opinion of the Governor- in-Council suitable for building purposes or for such cultivation

or which is not so built upon or so cultivated upon the request

of the Government shall be deemed to be land which has not been taken up even although premium and Crown rent shall have been paid to the Government in respect thereof.

20. The laying-out of all areas shall be subject to the approval of the Government, a plan being submitted to the Government in the first instance and before any area is taken up or site determined for build- ing purposes the site plans and the design of the building shall be submitted by the Government to the Military Authorities for their opinion and the Government shall have the right to refuse approval of the plans, or scheme of laying out the area, if in the opinion of the Military Authorities such site or scheme is undesirable or for any other reason whatsoever. No alteration shall be made in the scheme of laying-out shown on the plan approved by the Government except with the consent of the Governor-in-Council.

++

+3

21. The Government shall have the right, at any time during the said term of 25 years to utilise for public purposes any portion of any areas over which the Promoters have an option but over which they have not exercised such option, provided that public purposes shall not include anything in the nature of facilities for transport, other than the construction of public roads, unless such facilities be for the trans- port of men and materials in connection with some public work and any land so taken over by the Government for " public purposes shall cease to be subject to the Promoters' option. No compensa- tion will be paid for nor concession granted by the Government in consideration of the utilizing of any such area, but the option on at least equivalent additional areas in the vicinity shall be granted to the Promoters upon the same terms as those appertaining to the area so utilized.

77

22. The Government shall have the right at any time during the said term of 25 years to lease or otherwise dispose of any areas of Crown Land within the vicinity of the areas over which the Promoters have an option, provided that in no case shall the terms of such lease or other tenure be more favourable than those specified herein.

23. In addition to the ordinary terms contained in the Crown Leases in use in the Colony, the Government to have the right at any time to sanction the laying of cables water and gas mains and pipes sewers and drains or the erection of overhead wires within any area over which the Promoters have an option,

24. The Government shall during the said term of 25 years grant to the Promoters all reasonable facilities to enable them to supply electricity and gas in the areas over which they have an option: provided that nothing in this clause shall be deemed to confer on the Promoters any sole or exclusive right to supply electricity or gas: provided also that the maximum rates at which electricity or gas shall be supplied shall be subject to the approval of the Government.

from time to time.

25. The Promoters shall have the right during the said term of 25 years to run public motor car services, or other public means of transport not requiring rails or wires, from the proposed light railway to any point within any areas over which the Promoters have an option.

26. Public Works will be undertaken by the Government as follows :---

(1.) The Government shall be under no obligation to make any public road for giving access to any portion of an area with regard to which the Promoters have exercised their option if any portion of such area is within a distance of 100 yards from an existing public road.

(2.) The Government shall be under no obligation to make any public road nearer than 100 yards to any area which the Promoters have taken up for the purpose of erecting any building thereon.

171

Share This Page