Sessional_Paper_1924 — Page 5

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No. 1924

HONGKONG.

AWARD OF SIR JOHN HUBERT OAKLEY IN RESPECT OF CERTAIN LANDS NOW VESTED IN THE ARMY COUNCIL.

Laid before the Legislative Council by Command of His Excellency the Governor, 7th February, 1924.

To All To Whom these presents shall come I SIR JOHN HUBERT OAKLEY, KNIGHT, of 4/5 Charles Street St. James's Square London England send greeting Whereas the lands situate in the Colony of Hongkong and more particularly delineat- ed and described on the maps or plans hereto annexed and referred to in the schedule hereto with the buildings thereon and the appurtenances thereto are now vested in the Army Council (which designation where used in these presents includes the Secretary of State for War and the War Office) in fee simple, in possession or for an estate or interest deemed for the purposes of these presents to be the equivalent And Whereas the Government of the Colony of Hongkong being desirous of taking transfer of or purchas- ing from the Army Council the said lands entered into negotiations with the Army Council therefor And Whereas in and for the said negotiations I the said SIR Jons HUBERT OAKLEY was appointed by the Army Council to proceed to the said Colony and to ascertain the value of the said lands And Whereas after my arrival at the said Colony to take up the duties of the said appointment the Army Council and the Govern- ment of Hongkong through their respective representatives agreed that subject only to the provisoes or reservations hereinafter set forth within ten years from the date of this my award (time in this respect being of the essence of the agreement) the Army Council would sell and transfer to the Government of Hongkong and the Government of Hong- kong would purchase from the Army Council at the total price or sum to be awarded by me all the said lands which lands for the purpose of such sale should be treated as an indivisible whole save only that in case of withdrawal of one or more complete block or lot or blocks or lots as hereinafter mentioned then the remaining blocks or lots or block or lot not so withdrawn should in like manner be treated as an indivisible whole as to which the sale and transfer should be completed and take effect in accordance with my award And Whereas the provisoes or reservations herein before referred to are as follows, that is to say (i) That if during the period of ten years from the date of the award and before completion of the transfer unforseen circumstances shall in the opinion of the Army Council render it desirable or expedient to withdraw any one or more complete block or lot or blocks or lots then and in such event only the Army Council shall be free and at liberty to withdraw such one or more complete block or lot or blocks or lots--and (ii) That if the sum total of the award shall be deemed by the Government of Hongkong to be a greater price than the said Colony can afford to pay and the Governor of Hongkong shall in writing inform the General Officer Commanding the Forces in China thereof at the earliest possible date being not later than four months from the date of the award then the Government of Hongkong shall not be bound to proceed with and complete the purchase and transfer or to proceed with the reprovisioning of the garrison elsewhere And Whereas the blocks or lots hereinbefore referred to are the several pieces of land shown on the said maps or plans and thereon indicated by distinctive colouring and numbering and also described in the said schedule as separate items Now Know Ye that I the said SIR JOHN HUBERT OAKLEY having taken upon myself the duties obligations and burthen of the said appointment and reference and having been attended by the representatives in Hongkong of the Army Council and the Government of Hongkong and their witnesses and by witnesses called by myself and having heard and considered the allegations and proofs so before me and having viewed all the said lands and having also in making this my award regarded not only the value of the interest of the Army Council in the lands described in the said