172
I
4
(3.) Subject to the reservations stated in (1) and (2), when, in the opinion of the Government, developments justify the construc- tion of any public road to give access to any area with regard to which the Promoters have exercised their option, the construc- tion of such road will be undertaken by the Government at its own cost. The alignment, width, gradients, and construction of any such road to be determined by the Director of Public Works.
(4.) When, in the opinion of the Government, developments justify the laying of public sewers in any area, the laying of such neces- sary sewers will be undertaken by the Government at its own
cost.
The alignment, point of discharge, and position of any such sewer shall be determined by the Director of Public Works. Any sewer or drain required within the boundaries of any area taken up by the Promoters shall be constructed by the Promoters at their own cost.
(5.) When, in the opinion of the Government, developments justify the construction of works for the training of streams such train- ing works will be undertaken by Government at its own cost. (6.) When, in the opinion of the Government, developments justify the provision of a supply of water the necessary works to render such supply available will be undertaken by the Government at its own cost. All matters in connection with such supply to be determined by the Director of Public Works. The Government do not however undertake to maintain a constant or any supply of water within any area. Until a supply of water is rendered available by the Government, facilities for sinking wells will be granted to the Promoters, who may sink such wells at their own cost in such positions as may be hereafter approved in each case by the Director of Public Works.
27. Upon the Promoters undertaking to reclaim the tidal flat between Little Hongkong, Brick Hill and Aberdeen shown and coloured green on the map or plan referred to in Article No. 1 hereof (the boundaries of which shall be determined by the Director of Public Works) within 25 years from the date of the commencement of the Ordinance herein- before referred to, the Promoters shall have the option to take up for beneficial purposes within the said period of 25 years Crown Leases of the whole or any portion of such tidal flat upon the terms specified in Articles 16, 17 and 18 hereof with the exception that premium at the rate of $125 per acre only shall be payable by the Promoters. 27A. The Government will not grant to the Promoters any Marine rights in respect of any of the area of land granted anywhere within the con- cession or upon any area reclaimed by the Promoters nor shall any marine rights whatsoever attach to any such land or reclaimed area.
28. The said reclamation shall be made in accordance with plans to be approved by the Director of Public Works. Full provision to be made by the Promoters at their own expense and to the satisfaction of the Director of Public Works for the discharge of all storm-water flowing in or upon such area and the reclamation work generally to be proceeded with and to be carried out in such sections and in such manner as that Officer may approve. The Government reserve the right to lay out a public road traversing the reclaimed area as shown on the said map or plan.
29. The Government will grant reasonable facilities when such exist for the Promoters to obtain materials for constructing and carrying out the works referred to in this agreement and to obtain filling from Crown Land from such places as hereafter may be approved by the Director of Public Works for the reclamation of the said tidal flat.
29A. The Government will permit the construction of Piers, in or near the positions shown on the plan attached hereto, subject to the provisions of the Piers Ordinance but free from premium.
30. Should the Promoters desire, within the period of 25 years from the commencement of the Ordinance above referred to, the exclusive privilege of running a public service of motor or railless trolly cars between Aberdeen and Repulse Bay along he route marked i, j, h, f, k, I on the map or plan referred to in Article No. 1 the Government will grant to them the necessary powers for that purpose upon pay- ment by the Promoters to the Government of half the cost of widening to a width of 16 feet, the roadway now existing between i and j and f and I, and half the cost of constructing a new road of equal width between j and f, Provided that the total amount payable by the Pro- moters in respect of the widening or construction of such roads shall not exceed $30,000. Provided also that the road from to will still be used by the public as a public highway.
31. The Government undertakes to give the Promoters the first option of constructing tramlines or light railways between the points marked D and G, E and H and K and M on the said map or plan, on terms similar to those contained in this agreement.
32. The Government undertakes not to grant, within the period of 25 years from the commencement of the Ordinance above referred to, to any rival syndicate or speculator any portion of the Deep Water Bay Golf Links or Little Hongkong Village or the cultivated areas in the neighbourhood of the latter for the purpose of competing with the development scheme of the Promoters.
33. The Ordinance referred to in Article No. 2 shall contain provisions similar to those of Sections 10, 11 and 12 of the Peak Tramways Ordi- nance, 1883, and shail contain similar provisions with regard to any public motor car service, railless trolly car service, tramline, light railway or other public means of transport, referred to in this agree ment. But such provisions shall not affect any rights with regard to land acquired by the Promoters under this agreement.
The said Ordinance shall also contain (inter alia) similar provisions to those contained in Clauses 42, 43 and 44 of Ordinance No. 10 of 1902.
35. The Promoters may sell, assign, mortgage, or lease any or all of their rights under this agreement or any works constructed hereunder sub- ject to the terms of this agreement.
36. This agreement and the Clauses therein are subject to the approval of the Legislative Council of this Colony and of the Secretary of State for the Colonies and until such approval shall in no way be binding upon the Government.
Page 180Page 181
No comments yet.
Private notes are available after approval.