CO129-568-11 Ronald Hall bishop of Victoria- petitions that land held in trust for a school- should... 20-4-1938 - 29-4-1939 — Page 14

REPORT by the Land Officer, on the Petition

of the Right Rev. R. O. Hall, Bishop of Hong

Kong.

1.

The Petitioner applies for licence to sell that

part of Inland Lot Number 76, which contains the Warden's

house (stated to be hopelessly in disrepair) (a) in order

to raise funds sufficient for a finishing school for

native clergy, on the site, under the immediate supervision

of the warden and (b) to provide for preliminary training

in other Church Schools, Colleges and Hostels in the

Diocese.

2.

To effect this, the previous licence of the

Governor would be necessary in terms of the Crown Lease.

3.

On the grant of such licence the Petitioner

would "carve out" the appropriate section, which would

be known as Section B of Inland Lot Number 76, and he

would assign it, per plan, to the purchaser, freed from

the restrictive conditions as to user contained in the

Crown Lease.

Such restrictive conditions would however

remain binding quoad the remainder of the Lot.

4.

If application were to be made to the Court for

powers to reconstruct the trust (subject to licence from

the Governor to sell, being obtained) such application

would probably be refused, on the ground that the purpose

specified at (b) in para. 1. above would constitute a

deviation from the original trust purposes.

The Court

would probably refuse to apply the principle of cy près,

a principle which the Courts are always reluctant to

apply.

Apart from the merits of the application, the

Courts are apt to decide against interference.

5.

Now it may well be asked, why, if the Court

would not be likely to sanction the reconstruction of

the trust, should His Majesty be asked to withdraw

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