TNAG-1963-FCO40-2795-Future-of-Hong-Kong-Commonwealth-War-Graves-Commission-1989 — Page 71

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said parties, the Commission paying two-thirds and the

Government one-third thereof.

9. If and whenever the land hereby appropriated shall

cease to be required used and occupied for the stipulated

purposes the said appropriation of the land and the right

of the Commission to the use of the same for the purpose

aforesaid shall absolutely cease and determine and ther cupon

the Commission shall quit and deliver up possession of

the land and all buildings thereon to the Hong Kong-Government

and in such event any buildings on the land (if required by

the said Government) shall be purchased from the Commission

at an agreed price but should the said Government not so

require the said buildings the same shall be removed and the

land restored to its former state as if no appropriation had

been made.

10. If at any time or times it may be necessary in the

opinion of the Governor in Council of the said Colony to

exercise the Statutory power to resume the land hereby

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appropriated or any part thereof for a public purpose

the whole or such part thereof may be so resumed upon first

giving to the Commission on or leaving at the said Cemetery

twelve calendar months' notice in writing of such intention

and upon paying to the Commission only such sum as in the

opinion of the said Governor in Council shall fairly meet

the cost of removal of any graves or tombs being on the

land resumed together with such reasonable compensation

for the cost of erection of any structures or the cost

of their re-erection elsewhere as to the Governor in Council

shall seem just.

IN WITNESS whereof His Excellency hath executed

these presents and hereunto set the Public Seal of the

Colony and the Commission hath caused its Common Seal to

be hereunto affixed the day and year first above written.