5257-1906-Description-and-terms-of-proposed-Lease-of-Crown-Land-at-Shaukiwan-comprising-portions-of-the-Foreshore-and-See-Bed — Page 2

1712 THE HONGKONG GOVERNMENT GAZETTE, SEPT. 28, 1906.

9. When the Conditions herein contained have been complied with to the satisfaction of the Director of Public Works, the Purchaser of the Lot shall be entitled to, and shall exe- cute, on demand, a Lease from the Crown of the land comprised in the Lot for 75 years, to be computed from the day of sale, at such Annual Rental, payable half-yearly ont the 25th day of December and the 24th day of June, in every year, as is specified in the Particulars of such Lot hereinbefore contained; and the Crown Lease shall be subject to, and contain, all Exceptions, Reservations, Covenants, Clauses, and Conditions usually inserted in the Crown Leases of Inland 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, build- ing 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 execu- tors, administrators, 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, Succes- sors 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 land. The Lease shall also contain a proviso that the Lessee 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 His 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 the deficiency, if any, 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 re-sale of the property to make good the deficiency, if any, upon such re-sale and all costs and expenses as ascertained to be recoverable 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.

SPECIAL CONDITIONS.

1. The Crown Lease of the Lot shall contain a proviso that the Purchaser or his assign shall have no claim to any access to the sea nor to any compensation in the event of any reclamation being made on the seaward side of the Lot and a clause reserving to the Government the power to reclaim the foreshore whenever it thinks fit without consulting the Purchaser or his assign.

2. The Purchaser shall reclaim the whole area of the Lot including the strips of land along the North, South, East and West boundaries of the Lot as shown cross-hatched blue on the sale plan for the purpose of forming public roads to such levels as may be approved by the Director of Public Works and shall protect the reclaimed area to the satisfaction of the Director of Public Works. The work to be completed within 12 months of the date of sale.

3. The Purchaser will, subject to the written approval of the Director of Public Works, be permitted to remove earth and boulders from Crown Land in the vicinity for the purpose of reclamation of the Lot.

4. The actual area of the Lot to be determined before the issue of the Crown Lease and Premium and Crown Rent adjusted in proportion to the areas and according to the amounts at which the Lot is sold.

5. No interference is to be caused with the two temporary piers within the Lot or with access to them before 31st December, 1906.

Director of Public Works.