period, unless broken before the end and the first period notice is given to the tenant that the land is required for public purposes. His Lordship stated that the leases should be subject to such terms & conditions as the Governor determines, including the stipulation that except with the previous consent in writing of the Governor land is not to be used for other than assigned purposes, nor be sublet, and that at the termination of the lease by efflux of time, but not by act of forfeiture, the tenant shall be allowed a reasonable period, such as 3 months, to remove any growing crops then on the land.
I presume that the garden leases in question are framed in accordance with these instructions. But it is a pity that the Governor should have sent home the present application without comment and without any copy of a garden lease or of a farm lease to show the differences between the two. We have never had or seen a copy of either lease – being unable therefore to say what are the rents and conditions comprised in each. But judging from the information at hand
30 Dec 76
I do not think that the Petitioners have made out a sufficient case for what they ask. It is clear from the instructions issued by Lord Kimberley that it was not intended that garden leases should be converted into building leases (one of the objects the Petitioners have in view) other than by stipulation. They were to contain a stipulation that without the previous written consent of the Governor the land was not to be used for garden purposes. It may also reasonably be inferred from the official reply given to the Petitioners that the Governor's opinion is not favourable to their request, and that he doubted whether the policy of letting Crown land at Kowloon on short leases – which had been deliberately adopted – should now be changed, or was justified even in submitting their petition to the Secretary of State. This is in accordance with the decided opinion expressed in his despatch of 10 July
"period, unless brontles before the and the first period notice is given to the tenant that the band is required for public purposes . His Lordship astated that the leases should be subject to such reals & conditions as the Governor determine, including the stipu= =lation that sxeeph with the previous
the Governor consent in writing of land is not to be used for other than
apsigned
may
fardon purposes, nor
the
indeleh, and that at the terminations
of the lease by opplux of time. but act of forfeiture _ the tenant shall
in case be allowed a reasonable period, such
as 3. Monthy, to remove any growing
Ter.
crops
then on the land.
-
spresume that the garden
leases in questions.
are
framed in accord -ance with these instructions. Butitio a pity that the
Governon
should have
sent home the present application
without comment and without
any
copy of a garden Lease or of a farm. differences betweew
lease to show the
the two. We have never had or seen a copy of either lease – Dam unable therefore to say what are the rents and conditions comprized in rack. But judging from the information at hand
30 Des76
10
I do not think that the Petitioners
cxle
have made out a sufficient for what they ask. It is clear prone "the instinctions issued by Lord Kimberley
that it was acour intended that garden leases should be converted
the into building leases (one of objects the Detitioners have in view)
stipulation.
ar
other than
they were to contain a that without the previous written consent of the Governor the land was not to be used for garden purposes. It may also reasonably be inferred from the official reply gives to the prtitioners that the Governor's opinion is not favourable to there request, doubted whether the policy of letting
af
Se
Grown land at Kowloon on shorts leases- which had brew deliberately adopted, should nor be changed,
justified even indeed whether he was
in submitting their patition to the Secretary of State. This is in accord = =ance with the decided opinion be expereped in his despatch of 10. July
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