TNAG-2344-FCO40-3410-Future-of-Hong-Kong-British-Consulate-General-1992 — Page 78

16-DEC-1991 15:24

BRITISA TRADE CONTI

12

Cessation or diminution of

user

Alienation

Resumption

*refers to the lease term of the grant

(13) If it is at any time shown to the satisfaction of the Governor that the lot or any part thereof or any building or part of any building thereon has ceased to be used for the purposes specified in Special Condition No. (7) hereof (as to which the non-user thereof for such purposes for a period of six calendar months shall be conclusive) or that the extent of the user thereof for such purposes has so diminished that the retention of the lot or any part thereof for such purposes is no longer justififed, it shall be lawful for the Government to re-enter upon and take back possession of the lot or any part thereof and all buildings thereon without notice and the rights of the Grantee in and to the same under this Agreement shall thereupon absolutely cease and determine.

(14) The Grantee shall not assign, mortgage, charge, demise, underlet, part with the possession of or otherwise dispose of or encumber the lot or any part thereof or any building or part of any building thereon or enter into any agreement so to do, except in so far as the alienation by THE BRITISH COUNCIL which not consitute a breach of this Special Condition.

(15) The Government shall have full power to resume, re-enter upon and re-take possession of all or any part of the lot if required for the improvement of Hong Kong or for any other public purpose whatsoever (as to which the decision of the Governor shall be conclusive),

calendar months' notice being given to the Grantee of its being so required, and upon the exercise of this power the Grantee's tenancy of the land so resumed shall cease, determine and be void, and the Grantee shall on the expiration of the said notice quit and deliver up possession of the land so resumed and the buildings thereon. Upon the exercise of the power there shall be paid by the Government to the Grantee the following compensation only :

(a)

-

*

of such amount in respect of the land resumed one as in the opinion of the Director has been reasonably expended by the Grantee on site formation of the said land, multiplied by the number of complete years in the portion of the said term unexpired at the date of resumption;

(5) in respect of any building or buildings or parts of any building or buildings lawfully erected on the land resumed such sum as the Director shall, at his sole discretion, certify to be the depreciated current replacement cost or costs of the building or buildings or parts thereof as at the date of resumption; it being fully agreed and understood that separate sums shall be certified in respect of any separate addition or improvement to the building or buildings or parts thereof; Provided always