10
HONG KONG LEGISLATIVE COUNCIL
colouring and numbering and also des- cribed in the said schedule as separate
item's
Now KNOW YE that I the said Sir John Hubert Oakley having taken upon myself the duties obligations and burthen of the said appointment and reference and having been attended by the repre- sentatives in Hongkong of the Army Council and the Government of Hong- kong and their witnesses and by witnesses called by myself and hay- ing heard and considered the allega- tions and proofs so before me and having viewed all the said lands and having also in making this my award regarded not only the value of the in- terest of the Army Council in the lands described in the said 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 repro- vision as regards site and buildings and having also regarded the
regarded the agreements terms, stipulations, provisoes, and reser- vations as recited therein, 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 deter- mine 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 ascer- taining 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 compensation 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 here- inbefore 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 Gov- ernment 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 trans- ferred instead ferred 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 with drawal 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 afore- said as relate to the block or lot or blocks or lots so withdrawn
hand to this duplicate of my award this IN WITNESs whereof I have set my
Second day of November One thousand nine hundred and twenty-three.
SIGNED by the Said Sir John Hubert
Oakley in the presence of
(Sd.) JOHN H. OAKLEY,
(Sd.) H. K. HOLMES,
Crown Solicitor, Hongkong, (Sd.) R. M. COBB,
Rochester, Kent.