( 44 )
(B.)
AGREEMENT.
MEMORANDUM OF AGREEMENT madh this
1888 Between
day of
Acting for and on behalf of the Government of Hongkong (herein. after called the Government) of the one part and
Lot No.
Crown Lessee of Marine
(hereinafter called the Crown Lessee) of the other
part. WHEREAS the said is a Crown Lessee of Marine Lot No.
and has declared his readiness to contribute for the works authorized by Ordinance No. of 188 the sum of $
and to enter into the Agreement hereinafter contained provided that the Government will grant to him a Crown Lease of that portion of the Reclamation provided for by the said Ordinance hereinafter more particularly described as hereinafter mentioned.
NOW IT IS HEREBY AGREED by and between the parties hereto ne follows:
I. The said
shali
contribute towards the works authorized sum of $
of which $
by the said Ordinance the (25%) have been this day
paid by the said
to the
2. The sum of $
said Government as a guarantee for the due performance by the said
of this Agreement. being the balance of the said contri-
bution shall be paid by the said
to the said Government in such instalments and at such times as shall be required by the said Government provided that 10 days' previous notice in writing of each such payment being required shall be given by the said Government to the said
L
or to his Agent in Hongkong or left
shall
at his or their last known place of abode in Hongkong.
3. If the said make default in payment of any instalment as hercinbefore provided the said guarantee and all instalments previously paid by him and all his rights under this Agreement shall be forfeited And if the said
shall make default in taking up a Crown Lease, in the manner hereinafter provided, of that portion of the Reclamation hereinafter more particularly mentioned his right thereto and all other rights under this Agreement and all moneys paid by him thereunder shall also be forfeited,
4. Upon completion of the works authorized by the said Ordinance and upon payment by the said
of the whole of the said balance of $
will grant to the said
the Government
a Crown Lease of all that portion of the Reclamation provided for
by the said Ordinance as is delineated on the plan bereunto aunexed and thereon colored Red.
5. The Crown reat to be reserved by the said Crown Lease for the said portion of the Reclamation shall be at the rate of $200 per quarter acre.
6. The said Crown Lease so to be granted as aforesaid shall provide
that
(a.) Any buildings to be erected by the said
on the said portion of Fand to be leased to him as afore- said shall be erected subject to the following structural provisions as to light space and ventilation:-
Houses of a depth of 50 feet or less shall have 10 foot yards.
do. 11
Do.
do. from 50 to
60 feet
dn.
Do,
do. from 60 to
70 feet
do. 12 do.
Do.
do, from 70 to
80 feet
do.
13
do.
Do.
do. from 80 to 90 feet
do.
14
do.
Do.
do. from 50 to 100 feet
ly. 15 clo.
( 45 )
Memorandum by the Attorney General.
The Draft Ordinance makes provision for the Praya Re- clamation Scheme upon the first of the two alternative plans proposed, and follows very much the lines sketched out in my memorandum of July 21st, 1888.
Clauses 2 and 3 are formed on the assumption that the plans of the proposed works will be completed and deposited in the Land Office before the Ordinance is passed.
Clause 5 is intended to make it clear that owners of lots
on the proposed new Prays will have no easement in res- pect of the sea in front,
The arrangements with the marine lot-holders are pro- vided for in clause 6. I understand from the Surveyor Ge- neral that there would be no lot-holders who wond) refuse to enter into the proposed agreements, and there seenis there- fore no necessity to provide any special plan for assessing and meeting the claims of such persons.
If there should turn out to be any such persons their position under the Ordinance will be simply that they will get nothing.
But if it were thought desirable to make provision under which something might be allowed them a clause of two or three lines might be wiled as a third paragraph to Section 6 in the following terms:-
"In case any such Crown lease-holder declines to euter into any agreement in mauner above provided he shall have "no claim to any compensation in respect of any depreciation of his lot by reason of the works to be carried out under "this Ordinance but the Governor may if he thinks fit award "to him such a sum of money or such a Crown lease of new "land as he may in his absolute discretion think sufficient. "as and by way of compensation for any injury that such "lot-holder may have sustained by the works."
I understand also that the owners of the Wharf aud Godown Company's wharves claim nothing except what would be covered by the grant of new land that they will receive under the ordinary agreement in respect of their marine lots and that all other wharf-owners are licensees who can also be provided for without compen- sation except such as they get onder the schedule agrec- ment in respect of their lots.
mere
The Schedule Agreements and Plau will determine the details of the compensation that may be agreed upon and will settle the area of land to be given as additions to existing lots and the amount of premium if any and reut to
EDWARD L. O'MALLEY,
be paid.
August Ist, 1888,
and no private lane on which any such buildings shall front shall be of a less width than 15 feet.
(b.) Every habitable room in every building to be erected as aforesaid shall have at least one window opening out into the external air and such window or if more than one such windows shall be of a size not less than one tenth of The floor area of such room.
(c) Every building to be erected as aforesaid which shall be used as a dwelling shall be furnished with a suitable privy to be placert in the back yard.
IN WITNESS whereof the said parties to these presents have here- unto eet their bands the day and year first above written.
(0.)
Name of Registered
Crown Leaseholder.
Registered Number of Marine Lot.
Amount of Contribution.
442
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