12697-1909-Proposed-Lease-of-certain-Crown-Land-at-Tokwa-wan-comprising-portions-of-the-Foreshore-and-Sea-Bed — Page 2

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THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 19, 1909.

all Exceptions, Reservations, Covenants, Clauses, and Conditions usually inserted in the Crown Leases of Marine Lots in the Colony of Hongkong; the Lease shall also specify the purposes for which the land is leased (ie., whether for the purpose of reclamation, building dwelling houses, factories, or godowns for the storing of coal or other goods, or whether for any other purpose) and shall contain a proviso that in the event of the lessee, his executors, administrators and assigns, or successors (as the case may be) failing, at any time during the continuance of the term of the said Lease, to use the demised land for the purposes so speci- fied as aforesaid, without the previous licence or consent of His Majesty, His Heirs, Successors or Assigns signified in writing by the Governor, then it shall be lawful for His Majesty, His Heirs, Successors or Assigns, by the Governor or by any officer authorized by him in writing, to re-enter on the land, foreshore, and sea bed included in and demised by such Lease or on any portion thereof in the name of the whole, and thereupon the same shall be forfeited to and vest in the Crown. The Lease shall also contain in particular a reservation to the Crown of all mines and minerals under the demised lands. The Lease shall also contain a proviso that the lessce is to have the option of renewing the Lease for one further term of 75 years at a Crown Rent to be fixed by the Surveyor of the Majesty the KING.

10. Should the Purchaser of the Lot neglect, or fail to comply with these Conditions- his Premium, or any portion thereof which may be paid, shall be thereupon forfeited to His Majesty, who shall be at full liberty either to enforce the sale, or to re-sell the Property at such time and place, and in such manner as to His Majesty shall seem fit, and in case of a re-sale, the increase, if any, of the Premium or Purchase Money shall be retained by His Majesty, and all Costs and Expenses shall be made good by the defaulter and be recoverable as liquidated damages, or at the option and pleasure of His Majesty, to re-enter and resume the property as if no sale had ever taken place, in which case also the Premium paid by the Purchaser shall be thereupon wholly forfeited to His Majesty. But such re-entry shall not exonerate the present Purchaser upon a subsequent ré-sale of the property to make good the deficiency, if any, upon such re-sale and all costs and expenses as ascertained to be recover- able as aforesaid.

11. Possession of the Lot sold shall be given to the Purchaser, and deemed to have been taken by him, on the day of sale.

12. In the event of the Purchaser assigning[the benefit of the underwritten agreement, the assignee shall be bound by the foregoing and following conditions of sale, and all powers and remedies shall be enforceable against him to the same extent as if such assignee were the original Purchaser.

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SPECIAL CONDITIONS.

1. The Lot is sold subject to the rights-of-way enjoyed by the Lessee of Quarry Lot No. 7 along certain embankments and piers at present crossing over the proposed Marine Lot from the said Quarry Lot to the sea which rights will not expire until 31st December, 1910, or until such earlier date as the Purchaser of the proposed Marine Lot may substitute other embankments and piers to the satisfaction of the Director of Public Works.

2. The Purchaser to reclaim within 3 years of the date of sale the whole area of the Lot to such levels as may be approved by the Director of Public Works and protect the the reclaimed area with substantial sea walls or slopes to the satisfaction of that officer.

3. The Purchaser to form within 3 years of the date of sale one half of the width of the reserve for a sixty-foot public road adjoining the Lot, as shown coloured green on the plan, to such levels as may be approved by, and generally to the satisfaction of the Director of Public Works.

4. Any rights as regards marine frontage shall extend only to the South-East frontage of the Lot which measures 300 feet in length.

5. The l'urchaser will, subject to the written approval of the Director of Public Works, be permitted to remove earth from Crown Land in the vicinity for the purpose of reclama- tion of the Lot.

6. The exact boundaries of the Lot to be determined by the Director of Public Works, before the issue of the Lease, and the Premium and Crown Rent to be then adjusted in accordance with the area and rates at which the Lot was sold.

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