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of the premium paid by him or any part thereof or to any payment or compensation whatsoever whether in respect of the value of the land or any buildings thereon or any amount expended by the purchaser in the preparation formation or development of the lot or otherwise.
16. The expression "Purchaser" shall in these General and Special Conditions include the Purchaser or Purchasers and where the context so admits or requires his their executors, administrators and assigns and in the case of a corporation its successors and assigns.
17. The foregoing General Conditions shall be read and construed as varied or modified by the Special Conditions hereinafter contained and the expression "these Conditions" whenever used shall mean and include the General & Special Conditions.
SPECIAL CONDITIONS.
(1) The purchaser, his executors, administrators and permitted assigns shall not (except by way of mortgage) assign, underlet or part with the possession of or otherwise dispose of the lot in question or any part thereof or any interest therein nor enter into any agreement so to do without the written consent of the Governor unless and until he has expended upon the erection of buildings on the lot the sum required in clause ro of the General Conditions and has in all other respects observed and complied with the General and Special Conditions to the satisfaction of the Director of Public Works and the Land Officer. Every assignment sub-letting or other alienation of the said lot or any part thereof shall be registered at the Land Office.
(2) The grant or refusal of the consent required by Special Condition (1) or of any extension of the time for the fulfilment by the purchaser of his obligations under the provisions of General Condition No. 10 or under these Special Conditions shall be at the absolute discretion of the Governor in all respects who may impose such conditions for the granting thereof as he may think fit,
(3) The purchaser shall not erect or maintain any buildings on the lot except one detached residence of European type with all proper outbuildings thefer. The Director of Public Works shall decide the composition of a residence.
(4) The design, disposition and height of any buildings to be erected on the lot shall be subject to the special approval of the Building Authority. In no case may the height of any building on the lot exceed 35 feet.
(5) The purchaser shall form at his own expense the whole of the areas edged red and coloured green on sale plan to such levels as the Director of Public Works may require and to his satisfaction within 6 months from the date of sale. The area coloured green shall be retained by Government on completion.
(6) The purchaser will not utilize the area coloured green on sale plan for the purpose of storage or for the erection of any temporary 'buildings or structures without the consent of the Director of Public Works first having been obtained.
(7)
Where any cutting away removal or setting back of adjoining adjacent or nearby hillside or banks or any building up or filling in is required for the purpose of or in connection with the formation levelling and development of the lot or any part thereof the purchaser shall construct or hear the cost of the construction of such retaining walls or other support as shall or may then or at any time thereafter be necessary to protect and support such hillside and banks and the lot itself and to obviate and prevent any falling away landslips or subsidence occurring thereafter, and shall at all times maintain the said retaining walls or other support in good and substantial repair and condition. In the event of any landslip subsidence or falling away occurring at any time whether in or from adjoining hillside or banks or in or from the lot itself as a result of any default by the purchaser under this condition, the purchaser shall at his own expense reinstate and make good the same and shall indemnify the Government of
Hong Kong from and against all costs charges damages demands and claims whatso- ever which shall or may be made suffered or incurred through or by reason thereof. If in the opinion of the Director of Public Works the purchaser shall at any time be in default under this condition then (in addition to any other rights or remedies herein provided for breach of any of the conditions hereof) the Director of Public Works shall be entitled by notice in writing to call upon the purchaser to carry out such construction and/or maintenance or to reinstate and make good any falling away landslip or subsi- dence and if the purchaser shall neglect or fail to comply with such notice within the period specified therein the said Director may forthwith execute and carry out the same and the purchaser shall on demand repay to the Crown the cost thereof.
(8) The purchaser shall pay to the Government of Hong Kong, on demand, any sum which the Director of Public Works shall certify to be the cost of making good any damage done to Bowen Road by the purchaser, his contractors or sub-contractors or his or their workmen or vehicles or by any spoil from the lot.
(9) A filtered water supply from the Government mains will be given on the usual terms, and subject to the provisions of the Waterworks Ordinance, or any enactment amending the same or substituted therefor.
(10) In view of the limited water supplies in the Colony no guarantee can be given that any water which is supplied will be continuously available; moreover the Water Authority has the right under the Waterworks Ordinance 1938 to restrict the hours of supply; which is likely to be periodically necessary, or to withhold the service in whole or in part when in his opinion the available supply is insufficient.
(11) No water from Government mains shall be used for flushing purposes upon any portion of the lot without the written consent of the Director of Public Works.
(12) The purchaser shall at his own expense construct and maintain to the satisfaction of the Director of Public Works such drains or channels as may be necessary to intercept and carry off storm-water falling on or flowing on to the lot from the hillside, and the purchaser shall be solely liable for and shall indemnify the Government and its officers from and against all actions, claims and demands arising out of any damage or nuisance caused by such storm-water, and shall at all times during the continuance of the demise remai1 responsible for the maintenance and repair of such drains or channels whether within the boundaries of the lot or on Crown Land.
(13) The purchaser shall not interfere with any existing drain or nullah without obtaining a notice in writing from the Director of Public Works nor shall he have any right to the water therein.
(14) Any damage or obstruction caused to any nullah, sewer, storm-water drain, watermain or other Government properties within or adjoining the lot by the purchaser, his servants or agents, shall be made good by Government at the cost of the purchaser, and the amount due in respect thereof shall be payable by the purchaser on demand.
(15) All foundations proposed to be constructed near to or adjoining any nullah, sewer or storm-water drain within or adjoining the lot shall be formed as the Director of Public Works may require.
(16) The purchaser shall pay to the Government of Hong Kong, on demand, the cost of connecting any drains or sewers from the lot to the Government storm-water drains or sewers. Such work shall be carried out by the Director of Public Works who shall, however, incur no liability to the purchaser in respect thereof.
(17) The purchaser shall pay to the Government of Hong Kong, on demand. the cost of removing, diverting and reinstating elsewhere as may be required any government public services on the lot, which the Director of Public Works may consider it necessary to remove or divert.
(18) In the event of spoil or debris from the site or from other areas affected by the development of the lot being eroded and washed down on to public lanes or roads, or into road-culverts, sewers, storm-water drains or nullahs, the purchaser shall be held
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