CO129-078 - Sir Robinson - 1860 [7-12] — Page 157

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed

157

Connexion with that be and without any preceding, it would appear to constitute a breach of conditions and the consequent forfeiture of the premises as provided in such breach; but the Lease for any if the clause be considered null, by reason of the Licence of the Governor, (which I presume however should have been given in writing) to build, these houses which were intended to be used in a special manner as stated beneficial by the Bishop must, as a natural consequence, have been let or underlet.

Should however it be considered that this clause does constitute a breach of Covenant, it may be well to remark that, whether the Land is occupied or otherwise the Government does not suffer in any degree whatever, but it clearly constitutes a breach of the instructions of the Secretary of State, and is clearly "an occupation for the purposes of Endowment".

I was not aware of these instructions of the Secretary of State until lately and they are not included in any of the forms of Lease issued from my office.

It appears to me that taking into consideration the fact that, the Colony sustains no loss by this appropriation of the Land, the difficulty may be met, so as to preserve the rights of the Crown, by the imposition of a rental such as the Land would have produced at the

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157 4 Connexion with that be and without any preceding, it would appear to constitute a breach of conditions and the consequent forfeiture of the premises as provided in such breach; but the Lease for any if the clause be considered null, by reason of the Licence of the Governor, (which I presume however should have been given in writing) to build, these houses which were intended to be used in a special manner as stated beneficial by the Bishop must, as a natural consequence, have been let or underlet. Should however it be considered that this clause does constitute a breach of Covenant, it may be well to remark that, whether the Land is occupied or otherwise the Government does not suffer in any degree whatever, but it clearly constitutes a breach of the instructions of the Secretary of State, and is clearly "an occupation for the purposes of Endowment". I was not aware of these instructions of the Secretary of State until lately and they are not included in any of the forms of Lease issued from my office. It appears to me that taking into consideration the fact that, the Colony sustains no loss by this appropriation of the Land, the difficulty may be met, so as to preserve the rights of the Crown, by the imposition of a rental such as the Land would have produced at the

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# 157 4 Connexion with that be and without any preceding, it would appear to constitute a breach of conditions and the Consequent forfeiture of the premises as provided in such breach; but the Lease for any if the clause be considered null, by reason of the Licence of the Governor, (which I presume however shonen have been given in writing) to build, these houses which were intended to be used in a cial manner as stated beneficial by the Bishop must, as a natural consequence, have been let or underlet. Should however it be considered that this clause does constitute a breach of Covenant, it may be well to remark that, whether the Lanx Lo occupied or otherwise the Government does not suffer in any degree whatever, but it clearly constitutes a breach of the instructions of the Secretary of State, and is clearly " an occupation for the purposes of Endowment? I was not aware of these instructions of the Secretary of State until lately and ther are not included in any of the forms of Lease issued from my office. It appears to me that taking into consideration the fact that, the Colony sustains no. loss · by this appropriation of the Lanx the difficulty may be met, so as to preserve the rights of the Crown, by the imposition of imposition of a rental such as the Land women have produced at the

2026-05-18 18:59:38 · Baseline

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157

Connexion with that

and without any preceding, it would appear

to constitute

a breach of conditions and the Consequent forfeiture of the premises as provided in

such breach; but

the Lease for any

if the clause be considered null, by reason of the Licence of the Governor, (which I presume however shonen have been given in writing) to build, these

houses which were intended to be used

in a

cial manner as stated

beneficial

by the Bishop must, as a natural

consequence,

have been let or underlet.

Should however it be considered

that this clause does constitute a

breach of Covenant, it

may be well

to remark that, whether the Lanx

occupied or otherwise the Government

does not

suffer in any degree whatever, but it clearly constitutes a breach of the instructions of the Secretary of State, and is clearly " an occupation for the purposes of Endowment?

I was not aware of these instructions of the Secretary of State until lately and

ther

are not included in

any of the

forms of Lease issued from my office.

It appears to me that taking into consideration the fact that, the Colony

sustains no.

loss

this

appropriation of

the Lanx the difficulty may be met,

so as to preserve the rights of the Crown,

by the imposition of

imposition of a rental such as

the Land women have produced at the

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