TNAG-2344-FCO40-3410-Future-of-Hong-Kong-British-Consulate-General-1992 — Page 86

16-DEC-1991

15:51

BRITISH TRADE COMM

20

P.24

Supervisory and overhead charges

Prior

approval or consent

Definition of gross floor area

Determination

of

permissible gross floor

area

(42)

Wherever in these Conditions it is provided

(a) That the Government or its duly authorised officers shall or may carry out works of any description on the lot or any part thereof or outside the lot (whether on behalf of the Grantee or on the failure of the Grantee to carry out such works or otherwise) at the cost of the Grantee or that the Grantee shall pay or repay to the Government or to its duly authorised officers on demand the cost of such works, such cost shall include such supervisory and overhead charges as may be fixed by the Government or by its duly authorised officers; or

(b) that the prior approval or consent in writing of the Government or its duly authorised officers is required, they may give the approval or consent on such terms and conditions as they see fit or refuse it at their sole discretion.

(43)(a) For the purposes of these Conditions the expression "gross floor area" means the area contained within the external faces of the external walls (or in the absence of such walls the external perimeters) of any building or buildings erected or to be erected on the lot measured at each floor level (including any floor below the level of the ground), together with the area of each balcony in such building or buildings, which shall be calculated from the overall dimensions of the balcony (including the thickness of the sides thereof).

(b) Notwithstanding sub-clause (a) of this Special Condition the Director at his sole discretion may in determining the gross floor area of any building or buildings erected or to be erected on the lot exclude, any floor space that he is satisfied is constructed or intended to be used solely for the parking of motor vehicles or occupied solely by machinery or equipment for any lift, air-conditioning or heating system or any similar service, or any floor space which the Building Authority may permit to be excluded through modifications of the provisions of the Building Ordinance.

(44) For the purpose of determining the permissible plot ratio of the building or buildings erected or to be erected on the lot in accordance with these Conditions, and notwithstanding the definition of "gross floor area" contained in Regulation 23(3)(a) of the Building (Planning) Regulations there shall be included in the calculation of gross floor area, in the case of a floor not having external walls, the area contained within the external perimeters of such floor and the Grantee shall make no objection or claim on this account.