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THE HONGKONG GOVERNMENT GAZETTE, 27TH JANUARY, 1905.
8. The Purchaser of the Lots shall pay into the Colonial Treasury a proportionate part of the annual rentals specified in the particulars hereinbefore contained on the 24th day of June next, and thereafter shall pay such annual rental by equal half-yearly payments on the 25th day of Decem- ber and the 24th day of June in each and every year during the term of 75 years.
9. When the conditions herein contained have been complied with to the satisfaction of the Director of Public Works, the Purchaser of the Lots shall be entitled to, and shall ex cute, on demand, Leases from the Crown of the land comprised in the Lots for 75 years, to be computed from the day of sale at such Annual Rentals, payable half-yearly on the 24th day of June and the 25th day of December, in every year, as is specified in the Particulars of such Lots hereinbefore contained; and the Crown Leases shall be subject to, and contain, all Exceptions, Reservations, Covenants, Clauses, and Conditions usually inserted in the Crown Leases of Marine, Inland and Farm Lots in the New Territory of Hongkong; the Leases 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, assigns, or successors (as the case may be) failing, at any time during the continuance of the term of the said Leases, to use the demised land for the purposes so specified 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 Leases 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 Leases shall also contain in particular a reservation to the Crown of all mines and minerals under the demised lands. The Leases shall also contain a proviso that the lessee is to have the option of renewing the Leases for the rest of the term of Lease from China or one further term of 75 years if competent to the Colonial Government so to make it, at Crown Rents to be fixed by the Surveyor of His Majesty the KING.
10. Should the Purchaser of the Lots 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 iberty 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 inade 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, ani all costs and expenses as
ascertained to be recoverable as aforesaid.
11. Possession of the Lots sold shall be given to the Purchaser, and deemel 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 Purchaser will be given the right to take the water from the stream above the village of Cheung Kwan O, and to form a reservoir at or about the site shown on Sale Plan No. 2, provided that sufficient water be supplied for the use of the village and fields now drawing their supply from such source, to the satisfaction of the Government. The water taken by the purchaser to be used solely for consumption within the lots, and no part of it to be exported in the form of simple water, without the consent of the Government. Should the purchaser be desirous of dealing in water, he will be permitted to do so on terms not less favourable than those granted, or to be granted, to other dealers in water. The water in excess of the requirements of the purchaser to be the absolute property of the Government.
2. Permission will be given to construct a Conduit contouring the hill sides from the Reservoir to the leased ground, and to add to the Water Supply such streams or springs on the line of Conduit as may be found,
Such portions of the Conduit as lie outside the leased areas to be treated as an encroachment and the sum of $1.00 per annum to be paid as an acknowledgment of same.
3. The Purchaser will be allowed to reclaim, as part of the Marine Lot, such portions of the foreshore, within the red chain-dotted lines on Sale Plan No. 1, as may be approved of by the Director of Public Works, and the reclamation work shall be carried out in a manner satisfactory to that officer.
4. Permission will be given to the l'urchaser to obtain stone and red earth from Crown Land at points to be approved by the Director of Public Works, for the purpose of Reclamation, constructing Dam, Reservoir, and other buildings and works.
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