5412-1906-Land-Sale--Sham-Shui-Po — Page 2

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THE HONGKONG GOVERNMENT GAZETTE, OCT. 26, 1906.

CONDITIONS OF SALE.

1929

1. The highest bidder above the upset price shall be the Purchaser, and if any dispute arise between two or more bidders, the Lot shall be put up again at a former bidding.

2. No person shall at any bidding advance less than $20.

3. Immediately after the fall of the hammer, the Purchaser of each Lot shall sign the Memorandum of Agreement, hereinafter contained, for completing the purchase accord- ing to these Conditions, and shall, within Three Days of the day of sale, pay into the Colonial Treasury the full amount of Premium at which the Lot shall have been purchased by him.

4. The Purchaser of each Lot shall also pay into the Colonial Treasury, on behalf of His Majesty the KING, the sum of $25 within three days of the day of sale, for and in consideration of the Boundary Stones, properly cut, fixed, and marked with the Registry Number, which shall be placed by the Director of Public Works, for the Purchaser, at each angle of the Lot.

5. The Purchaser of each Lot shall pay to the Land Officer, on behalf of His Majesty the KING, a Fee of $30 upon the execution of the Crown Lease thereof,

6. The Purchaser of each Lot shall expend thereon a sum of not less than 25 cents per square foot, in rateable improvements, within 36 calendar months of the date of sale.

7. No sewage or refuse water will be allowed to flow from the Lot on to any of the adjoining lands whether belonging to the Crown or to private persons; neither shall any decaying, noisome, noxious. excrementitious, or other refuse matter be deposited on any portion of the Lot. The Purchaser shall see that all refuse matters are properly removed daily from off the premises.

8. The Purchaser of each Lot shall pay into the Colonial Treasury a proportionate part of the annual rental specified in the Particulars hereinbefore contained on the 25th day of December next, and thereafter shall pay such Annual Rental by equal half-yearly pay- ments on the 24th day of June and the 25th day of December 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 each Lot shall be entitled to, and shall execute, on demand, a Lease from the Crown of the land comprised in such Lot for 75 years, to be computed from the 1st July, 1898, at such Annual Rental payable half-yearly on the 25th day of December and the 24th day of June in every year as is specified in the Particulars of such Lot herein before containel; 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, 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 Lease, to use the demised land for the purposes so specified às 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 there- upon the same shall be forfeited to and rest 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 lessee is to have the option of renewing the Lease for one further term of 21 years less three days at a Crown Rent to be fixed by the Surveyor of His Majesty the KING.

10. Should the Purchaser of either 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 l'urchaser 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.