CO129-244 - Governor Des Voeus Acting Governor Fleming - 1890 [1-4] — Page 179

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

Copy.

Opinion by the

Acting Attorney General.

4th March, 1890.

I think the commutation of premium by way of addition to the rent reserved is contrary to the instructions referred to, and in particular that part of them which I have underlined in red ink.

On principle, however, I cannot think that this course is objectionable, and as regards the contract with Mr. Denison, I am of opinion that the Government is bound by the condition of sale; on the other hand, on dealing with the property hereafter, an objection might be taken to the title. Mr. Denison will not obtain his lease till he has built, and I would suggest that in the meantime instructions be asked for giving permission to grant land on these terms generally, and giving sanction to what has been done in Mr. Denison's case.

I am not aware of any other case where such a condition has been made, but if so, it had better be covered in like manner, or if the property is not yet put up, the conditions had better be withdrawn pending instructions.

I believe there is some question of this kind in connection with the sale of the property which was to be provided for as Asylum for women and girls.

(Signed) Andrew J. Leach,
Acting Attorney General.

C.O.
6764/78
IR 14 APR 30

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Enclosure.Copy.Opinion by theActing Attorney General.4th March, 1890.I think the commutation of premium by way of addition to the rent reserved is contrary to the instructions referred to, and in particular that part of them which I have underlined in red ink.On principle, however, I cannot think that this course is objectionable, and as regards the contract with Mr. Denison, I am of opinion that the Government is bound by the condition of sale; on the other hand, on dealing with the property hereafter, an objection might be taken to the title. Mr. Denison will not obtain his lease till he has built, and I would suggest that in the meantime instructions be asked for giving permission to grant land on these terms generally, and giving sanction to what has been done in Mr. Denison's case.I am not aware of any other case where such a condition has been made, but if so, it had better be covered in like manner, or if the property is not yet put up, the conditions had better be withdrawn pending instructions.I believe there is some question of this kind in connection with the sale of the property which was to be provided for as Asylum for women and girls.(Signed) Andrew J. Leach,Acting Attorney General.C.O.6764/78IR 14 APR 30
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Enclosure.Copy.CaOpinion by theRECOC. O.6764178IR 14 APR 30!Acting Attorney General.4th. March, 1890.I think the commutation of premium by way of addition to the rent reserved is contrary to the instructions referred to, and in particular that part of them which I have underlined in red ink.On principle, however, I cannot think that this course is objectionable, and as regards the contract with Mr. Denison, I am of opinion that the Government is bound by the condition of sale on the other hand on deal-ing with the property hereafter an objection might be taken to the title. Mr. Denison will not obtain his lease till he has built and I would suggest that in the meantime instruc-tions be asked for giving permission to grant land on thes terms generally, and giving sanction to what has been done in Mr. Denison's case.I am not aware of any other case where such a condition has been made, but if so it had better be cover-ed in like manner, or if the property is not yet put up the conditions had better be withdrawn pending instructions.I believe there is some question of this kina in connection with the sale of the property which was to be provided for as Asylum for women and girls.(Signed) Andrew J. Leach,Acting Attorney General.
2026-05-26 00:07:56 · Baseline
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Enclosure.

Copy.

Ca

Opinion by the

RECO

C. O.

6764178

IR 14 APR 30!

Acting Attorney General.

4th. March, 1890.

I think the commutation of premium by

way of addition to the rent reserved is contrary to the

instructions referred to, and in particular that part of

them which I have underlined in red ink.

On principle, however, I cannot think that

this course is objectionable, and as regards the contract

with Mr. Denison, I am of opinion that the Government is

bound by the condition of sale on the other hand on deal-

ing with the property hereafter an objection might be taken

to the title. Mr. Denison will not obtain his lease till he

has built and I would suggest that in the meantime instruc-

tions be asked for giving permission to grant land on thes

terms

generally, and giving sanction to what has been done in Mr.

Denison's case.

I am not aware of any other case where such

a condition has been made, but if so it had better be cover-

ed in like manner, or if the property is not yet put up the conditions had better be withdrawn pending instructions.

I believe there is some question of this

kina in connection with the sale of the property which

was to be provided for as Asylum for women and girls.

(Signed) Andrew J. Leach,

Acting Attorney General.

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