12148-1909-Tenders-for-the-Hongkong-Opium-Farm — Page 3

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THE HONGKONG GOVERNMENT GAZETTE, JULY 2, 1909.

3. That the Grantee shall not part with any Opium in the raw state either by sale or otherwise, but only prepared Opium fit for smoking.

4. That the Grantee shall not grant to any person any licence to boil or prepare Opium.

5. That the Grantee shall have only one establishment for boiling and preparing Opium; such establishment to be approved by the Governor.

6. That the Governor shall be at liberty at any time to depute such person or persons as he

may think fit to supervise the boiling and preparation of Opium in the boiling establish-

ment.

7. That the Grantee shall not have loose Opium (as defined by the Raw Opium Ordin- ance, 1887), elsewhere than in his boiling establishment, and shall not have in his possession or under his control any Raw Opium other than that covered by a removal permit authorizing the conveyance of such Raw Opium to such establishment.

8. That the breach of any of the provisions of the Raw Opium Ordinance, 1887, or of the Prepared Opium Ordinances, 1891-1909, or of any rules or regulations made thereunder or of any of the above conditions or stipulations shall involve the liability to a forfeiture of the grant and of the security deposited with the Colonial Treasurer.

AND so as that the Grantee, his executors, and administrators, subject to such conditions and stipulations, shall and lawfully may have and enjoy the whole profit, benefit, commodity, and advantage, from time to time, during the said term, coming, growing, accruing and arising by reason of the said privileges, TO HAVE, HOLD, USE, EXERCISE, AND ENJOY the premises hereby granted, subject as aforesaid, together with the power to graut licences as in the said Ordinances provided subject to such conditions as shall from time to time be approved by the Governor-in-Council, and all other powers incident to the said privileges, and all benefit and advantage of the said Ordinances and conditions or any of them, unto the Grantee, his exccutors, and administrators, for and during and unto the full end and term of three whole years commencing with the First day of March, 1910: PRO- VIDED always and these presents are upon this express condition, that if, at any time during the said term hereby granted, the Grantee, his executors, or administrators, shall not, upon his or their part or behalf, pay the said monthly rent at the time appointed or shall fail to observe, perform, and keep any of the said conditions and stipulations, or any of the pro- visions of these presents, or of the said Ordinances or any of them, then and in any or either of the said cases it shall be lawful for the Governor-in-Council to cancel these presents, and in such case the same shall forthwith cease, determine and be utterly void, save as herein- after provided: PROVIDED always, and it is hereby expressly declared, that the said executors, or administrators shall be and remain liable

to make good to the Governor all losses and expenses incurred by reason of such default in payment or by reason of the non-observance or non-performance of any of the said conditions and stipulations or any of the provisions of these presents or of the said Ordinances, or by reason of any re-sale or re-grant of the said privileges which the Governor-in-Council may thereupon make.

PROVIDED always that in the event of the exportation of Raw Opium from India being so restricted during the term hereby granted, as in the opinion of the Governor-in-Council seriously to affect the business of the Grantee, the onus of proof whereof shall rest on the Grantee, the Governor-in-Council upon the application of the Grantee, may reduce the rent payable under this Grant to such an extent or may modify the terms of this Grant in such other manner as to the Governor-in-Council may seem equitable.

PROVIDED also that in the event of the exportation of Raw Opiam from India being prohibited during the term hereby granted and the Grantee not being able to procure suffi- cient opium for boiling the Grantee may give notice to the Governor-in-Council of his desire to surrender this Grant, and, if in the opinion of the Governor-in-Council such prohibition seriously affects the business of the Grantee, the onus of proof whereof shall rest on the Grantee, the Governor-in-Council may thereupon, or so soon thereafter as he may dem desirable cancel the same. Nothing in the two preceding provisos is to be taken to mean that an alteration in the quantity of opium exported from India is to be accepted as primê facie evidence that the Farmer is entitled to a reduction of rent or to a modification of the.. terms of this Grant.

IN WITNESS whereof, I, THE SAID GOVERNOR, have set my Hand and the Seal of the said Colony to these presents on the

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