AWARD by Sir John Oakley.

828

TO ALL TO WHOM those presents shall come

I, Sir John Hubert Oakley, Knight, of 4/5 Charles Street, St. James' Square, London, England, send greeting.

WHEREAS the lands situate in the Colony of Hongkong and are particularly delineated and described on the maps or plans hereto annexed and referred to in the schedule hereto, with the buildings thereon and the appurtenances thereto, are now vested in the Army Council (which designation, where used in these presents, includes the Secretary of State for War and the War Office) in fee simple in possession or for an estate or interest deemed for the purposes of these presents to be the equivalent thereof.

WHEREAS the Government of the Colony of Hongkong, being desirous of taking transfer of or purchasing from the Army Council the said lands, entered into negotiations with the Army Council therefor.

AND WHEREAS, in and for the said negotiations, I, the said Sir John Hubert Oakley, was appointed by the Army Council to proceed to the said Colony and to ascertain the value of the said lands.

AND WHEREAS, after my arrival at the said Colony to take up the duties of the said appointment, the Army Council and the Government of Hongkong, through their respective representatives, agreed that, subject only to the provisos or reservations hereinafter set forth, within ten years from the date of this my award (time in this respect being of the essence of the agreement), the Army Council would sell and transfer to the Government of Hongkong, and the Government of Hongkong would purchase from the Army Council, at the total price or sum to be awarded by me, all the said lands, which lands, for the purpose of such sale, should be treated as an indivisible whole, save only that, in case of withdrawal of one or more complete block or lot or blocks or lots, as hereinafter mentioned, then the remaining blocks or lots, or block or lot not so withdrawn, should in like manner be treated as an indivisible whole, as to which the sale and transfer should be completed and take effect in accordance with my award.

AND WHEREAS the provisos or reservations hereinbefore referred to are as follows, that is to say:

• (1) That if, during the period of ten years from the date of the award and before completion of the transfer, unforeseen circumstances shall, in the opinion of the Army Council, render it desirable or expedient to withdraw any one or more complete block or lot or blocks or lots, then, and in such event only, the Army Council shall be free and at liberty to withdraw such one or more complete block or lot or blocks or lots.
• (2) That if the sum total of the award shall be deemed by the Government of Hongkong to be a greater price than the said Colony can afford to pay, and the Governor of Hongkong shall, in writing, inform the General Officer Commanding the Forces in China thereof at the earliest possible date, being not later than four months from the date of the award, then the Government of Hongkong shall not be bound to proceed with and complete the purchase and transfer, or to proceed with the reprovisioning of the garrison elsewhere.

AND WHEREAS the blocks or lots hereinbefore referred to are the several places of land shown on the said map or plans, and thereon indicated by distinctive colouring and numbering, and also described in the said schedule as separate items.

NOW, I, the said Sir John Hubert Oakley, having taken upon myself the duties, obligations, and burden of the said appointment and reference, and having been attended by the representatives in Hongkong of the Army Council and the Government of Hongkong, and their witnesses, and by witnesses called by myself, and having heard and considered the allegations and proofs adduced before me, and having viewed all the said lands, and having also, in making this my award, regarded not only the value of the interest of the Army Council in the lands described in the said schedule, but also any damage to be sustained by the Army Council in the event of sale and transfer as aforesaid, by reason of the ...