658501-1889-Ordinance-16-assented-to — Page 4

THE HONGKONG GOVERNMENT GAZETTE, 11TH MAY, 1889.

S. Except as in this Ordinance provided, no marine lot- hotter or other person shall be entitled as against the Crown to any damages or compensation for the depreciation or injurious affecting of his property or business caused by, or resulting either directly or remotely, from any of the said works.

9. Nothing in this Ordinance shall be deemed to recog- nise any foreshore rights whatever as against the Crown; nor shall anything herein be deemed to affect any right or claim as between lessees and their sub-lessees or tenants inter se.

10. From and after the completion of the embankment authorized by this Ordinance, the Governor shall keep and maintain the sea wall thereof and all the Public Roads there- on out of monies to be provided from the public revenues of the Colony: Save as aforesaid, the Governor shall not be liable for any deterioration, subsidence, or damage of and to the said embankment.

Passed the Legislative Council of Hongkong, this 26th day of April, 1889.

Certain claims barred as against the Crown,

Saving as to foreshore rights,

Maintenance of sea wall, roads, &c.

419

ARATHOON SETH, Clerk of Councils.

Assented to by His Excellency the Governor, the 10th day of May, 1889.

FREDERICK STEWART, Colonial Secretary.

SCHEDULE.

ARTICLES OF AGREEMENT made the

188

Between

day of

Acting for and on behalf of the Governor of Hongkong (herein- after called the Governor) of the one part and (hereinafter with his executors administrators and assigns called the lessee) of the other part. WHEREAS the lessee is a Crown Lessee of Marine Lot No. (or is the registered holder or assign of the

of Marine Lot No.

or of section

of Marine Lot No. (as the case may be) and has agreed to contribute towards the cost of the works authorized by the Praya Reclamation Ordinance, 1889 the sum of $

and such further or other sums as hereinafter mentioned upon the terms and subject to the conditions hereinafter contained.

NOW IT IS HEREBY AGREED by and between the parties hereto as follows:-

1. The lessee shall contribute towards the works authorized by the said Ordinance the sum of $

of which $

(25) have been this day paid by the lessee to the Governor as a guarantee for the duc performance by the lessec of this Agreement.

2. The sum of $

being the balance of the said contri- bution shall be paid by the lessec to the Governor in such instalments and at such times as shall be required by the Governor provided that 30 days' previous notice in writing of each such payment being required shall be given by the said Governor to the lessee or to his Agent in Hongkong or left at bis or their last known place of abode in Hongkong.

3. In addition to the said sum of $

to be contributed by the lessee towards the said works and paid as aforesaid the lessee shall also contribute a proportion of the sum or sums that may be required to make good any loss damage or expense which may have been caused to or rendered necessary for the said works or for any portion thereof from time to time previous to the completion thereof by or in consequence of any unforeseen difficulties that may have presented themselves in the progress thereof or by or in consequence of any typhoon or storm or other catastrophe the said proportion of the said sum or sums to be ascertained and determined as provided by the said Ordinance, and to be paid by the lessee to the Governor at such time or times as shall be required by the Governor thirty days' previous notice in writing of every such payment being required being given by the Governor as aforesaid: Provided always that if the actual cost of the reclamation of the land hereby agreed to be granted shall exceed or be less than the said sum of $

the excess or less sum shall

be paid by the lessee or refunded to him as the case may require and if any difference shall arise as to such actual cost the same shall be decided by the Governor in Council.

1. If the lessee shall make default in payment of any instalment as hereinbefore provided or shall make default in payment of any sum or sums of money which may become payable by him under the third clause of this agreement as thereby provided the said guarantee and all instalments and other moneys (if any) previously paid by him and all his rights under this Agreement shall be forfeited. And if the lessec sball make default in taking up a Crown Lease, in the manner hereinafter provided, of that portion of the Reclamation hereinafter more particularly mentioned his right thereto and all other rights under this Agreement and all moneys paid by him thereunder shall also be forfeited,