REPORT by the Land Officer, on the Petition
of the Right Rev. R. O. Hall, Bishop of Hong
Kong.
1.
The Petitioner applies for licence to sell that
part of Inland Lot Number 76, which contains the Warden's
house (stated to be hopelessly in disrepair) (a) in order
to raise funds sufficient for a finishing school for
native clergy, on the site, under the immediate supervision
of the warden and (b) to provide for preliminary training
in other Church Schools, Colleges and Hostels in the
Diocese.
2.
To effect this, the previous licence of the
Governor would be necessary in terms of the Crown Lease.
3.
On the grant of such licence the Petitioner
would "carve out" the appropriate section, which would
be known as Section B of Inland Lot Number 76, and he
would assign it, per plan, to the purchaser, freed from
the restrictive conditions as to user contained in the
Crown Lease.
Such restrictive conditions would however
remain binding quoad the remainder of the Lot.
4.
If application were to be made to the Court for
powers to reconstruct the trust (subject to licence from
the Governor to sell, being obtained) such application
would probably be refused, on the ground that the purpose
specified at (b) in para. 1. above would constitute a
deviation from the original trust purposes.
The Court
would probably refuse to apply the principle of cy près,
a principle which the Courts are always reluctant to
apply.
Apart from the merits of the application, the
Courts are apt to decide against interference.
5.
Now it may well be asked, why, if the Court
would not be likely to sanction the reconstruction of
the trust, should His Majesty be asked to withdraw
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