CO129-627-7 Grants of land- new territories 1-12-1950 - 31-12-1951 — Page 55

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

SPECIAL CONDITIONS

7.

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(1)

The purchasers shall not (except by way of mortgage) assign, underlet or part with the possession of or otherwise dispose of the lot in question or any part thereof or any interest therein nor enter into any agreement so to do without the written consent of the Governor. Every assignment sub-letting or other alienation of the said lot or any part thereof shall be registered at the Land Office.

(2)

The grant or refusal of the consent required by Special Condition (1) or of any extension of the time for the fulfilment by the purchasers of their obligations under the provisions of General Condition No.5 or under these Special Conditions shall be at the absolute discretion of the Governor in all respects who may impose such conditions for the granting thereof as he may think fit, PROVIDED ALWAYS that the purchasers shall of right he entitled to an extension of time under General Condition

5 (a) if prevented by the circumstances referred to the rein from complying therewith, but subject to any such extension shall be bound by such General Condition.

(3)

Except with the consent of the Governor the lot shall only be used for the purpose of an oil installation and factories for ancillary works and contingent works, which expression shall include all Offices, Dwelling Houses and Quarters necessary for the efficient working of the said Oil Installation and factories for ancillary works and for the housing of the staff thereof.

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(4)

The purchasers shall within six months of the date of the sale supply to the Director of Public Works a general lay-out plan showing the positions, width and levels of the roads which it is proposed to mke and the positions and nature of the buildings and storage tanks which it is proposed to erect am such lay-out plan shall be subject to the approval of the Director of Public Works. The whole of the lot shall be developed by the purchasers to the satisfaction of the Director of Public Works in accordance with an approved lay-out plan and no alteration shall be made in the positions width or levels of roads, or the positions or nature of the buildings and storage tanks shown on such plan without the consent in writing of the Director of Public Works, such consent not to be unreasonably or arbitrarily withheld.

(5)

The purchasers shall form and reclaim at their own expense the whole of the areas cross hatched red on sale plan to such levels as the Director of Public Works may require and to his satisfaction and shall construct for the protection of such areas such protective works as may be required by the Director of Public Works and shall construct between the points A and B on sale plan a rubble mound faced with a pitched slope (not steeper than 1 in 2) set in cement mortar and bedded in cement concrete in accordance with the design shown on P.W.D. drawing No. P342 or other similar design to be approved by the Director of Public Works. The whole of the above works shall be completed to the satisfaction of the Director of Public Works within 24 months from the date of sale.

(6)

Where any cutting away removal or setting back of adjoining adjacent or nearby hillside or banks or any building up or filling in is required for the purpose of or in connection with the formation levelling and development of the lot or any part thereof the purchasers shall construct or bear the cost of the construction of such retaining walls or other support as shall or may then or at any time thereafter be necessary to protect and support such hillside and banks and the lot itself and to obviate and prevent any falling away landslips or subsidence occurring thereafter, and shall at all times maintain the said retaining walls or other support in good and substantial repair and condition. the event of any landslip subsidence or falling away occurring at any time whether in or from adjoining hillside or banks or in or from the lot itself as a result of any default by the purchasers under this condition, the

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