CO129-546-2 Grant of land to Church Missionary Society 7-12-1933 - 7-12-1933_Part_001





CLOSED UNTIL 00129/526/2 CHURCH MISSIONARY SOCIETY Previous Subsequent R-83 McCostar or Cowell 17 LAND GRANT AT KOWLOON CITY (16621) Wt. 13126-16 25,000 in 4 sorts 10/32 P. St. G. 101/32 B (1) Gw. 599 7.17.33. Requests tel. sanction of grant of specified land of Victoria Home and Orphanage, and of exchange for Sum of $50,000 (pravded in 1933 Supplementary Estimates, but through delay 1934 Revate necessary) for existing school ete. Juds copy Conditions of Exchange accepted by lessees. of the exchange intentionally Lavourite to the thuash Masonary Suity in the Tums I the venchons & Fachange, lete graph approval. 118 Catere con bauny despatches I scarcely al Canterbury think it worth while As mopored I. Gov. HM. Le 2 (285( 1amed) — 19/1/34. DIO ROYED UNDER STAT No. 599. GOVERNMENT HOUSE, HONG KONG. 7th December, 1933. Major General Gascoigne's despatch No.221 of 16.5.1900 Sir Henry Blake's despatch No.142 of 25.3.1903. Sir Henry May's despatch No.141 of 30.4.1914. With reference to the despatches noted in the margin, I have the honour to request your sanction to the grant to the Church Missionary Society of an area of land at Kowloon City, as shown in the enclosed plan, comprising about 81,240 square feet, in exchange for the area now occupied by the Victoria Home and Orphanage and to the payment of a sum of $50,000 as compensation for the existing school and orphanage and as a grant towards the expense of constructing a building to take its place. A copy of the Conditions of Exchange which have been accepted by the lessees is enclosed. The value of the present building is estimated at $33,419. but in view of the fact that re-erection will cost considerably more than this sum, and of the valuable assistance rendered by this Institution in undertaking the care of muitsai and other girls for whom provision has from time to time to be made by the Authorities, it is proposed to increase the sum to be paid as compensation to $50,000 and at the same time to grant a larger area to provide for expansion in the future. Provision for this payment was made in the Supplementary Estimates for 1933 which THE RIGHT HONOURABLE SIR P. CUNLIFFE-LISTER, G.B.E., M.C., M.P., nek on 98691/32 accompanied my despatch No.304 of 26th May, 1933, but on account of delay in obtaining for the local representative the formal powers from England to deal with the transaction a revote will probably be necessary in 1934. Meanwhile development in the neighbourhood is being retarded on account of the obstruction caused by the hill on which the school stands, and in order that the exchange may be expedited I should be glad if your authority, if granted, could be conveyed to me by telegraph. I have the honour to be, Your most obedient, humble servant, Governor, &c. WN LANDS NKIL. 1504 MA TAU WEI K. L. 2962 1192 1424 K.L. L. 1156 3065 1860 MA TAU CHUNG RESERVED FOR PLAYING FIELD AREA 81240 SQ. FT.. (ABOUT) P. W. D. SCALE 200=1 INCH. 12961 2021 K. I. L. 23054 K. L. 2304 K. I. L. 1678 FORM FOR HONG KONG AND OLD KOWLOON. Reg. No. L.S.0.1. EXCHANGE OF LAND. Particulars and Conditions for a lease of the Piece or Parcel of Crown Land described in the first Schedule hereto (hereinafter called the "New Lot and shown coloured red on the attached plan), for a term of 75 years to be granted by private contract in exchange for the surrender of the piece Schedule hereto, (shown or parcel of Land described in the second coloured blue plan) with the option of renewal at a Crown Rent to be fixed by the Surveyor of Ilis Majesty the KING for one further term of 75 years. First Schedule. PARTICULARS OF THE NEW LOT. Registry No. Boundary Measurements. Contents Locality. Rzazixxxx in sq. feet. Rental. Compen- Hau Pui Loong Registry No. Locality. feet. feet. feet. feet. $1.00 $50,000.00 Second Schedule. TO BE SURRENDERED. Contents in sq. feet. Annual Rental. Remarks. K.I.L.1116. Kau Pui Shek General Conditions of Exchange. 1.-(1) The Lessee shall sign forthwith the Agreement hereinafter contained for com- pleting the exchange according to these conditions and the Special Conditions hereinafter contained. L.S.0.1. (2) On registration of such agreement the Crown Lease or (as the case may be) Tenancy agreement of the piece or parcel of land described in the Second schedule hereto shall be deemed to have incorporated therein the following additional covenant condition or stipulation- "Should the lessee his executors administrators or assigns at any time hereafter enter into an agreement with the Crown to surrender the said piece parcel of ground or any part thereof the Lessee his executors administrators assigns shall execute such surrender within 21 days of a written request by the Land Officer so to do sent to him or them by registered post at his or their usual or last known place of abode or business; and if the Lessee fails to so surrender, a right of re-entry on the said piece parcel of land shall thereupon accrue to His Majesty." Kowloon... when required by Land Officer. 2. The Lessee shall at his own expense surrender to the Crown Inland..... Lot No. 3. The Lessee shall remove all erections and buildings (if any) on Kowloon. Inland 18 within ...... Lot No. 1.116. ...months of the date on shall be given to the Lessee (EZXZXZXZXZXZİKAX which possession of the new Lot zxzxzxxzIZIZİZXZXZXZ IZK ZEEZİZZZZZZxzxzLXXXÊXİZKÉNK xxxzxxZİZKZKÉXZXZXZIZIZZİZXDXZXZ1ZXZİŹXZXZXZXZxzxzxzxz keing XZAZXDK ŻAZXZXZX:ZIZIZILI ZIZ KZIZIZ XZXZXZ PZKZZIZI ZÁZRZIBILIZIZ XXXX XZXZ IZ KAI ZXZ XZXZ XZXZXZXZXZ121¿ZIZIZIZIZXZXZXZXXXX xxxzxzz2x212kZİLİZCEKSOSIZIŻIZIEIZIZKAİZİZEZIZIZIZİKİ EXSEKEKEKZIZIKI ZIZIZI?ÍZIZIZIZ XZ-XZ XZ XZXZ İZİZ XZXZ_Zxdxzxzxzk✶✶ XEXÇİZİZXZXZILKE XZXZXZ121zI2X2hzxfLZXZ121ZXZIZIZXZXzxzxzxdxzxx XZXZXZXZXZXZXZXZXZXZXZXZXZAZAZEBIZITKEZIZISKŹXXXX on which possession of the The Lessee shall be paid within one month of the date në fdiziziziZKEKİKK new lot shallxzxzxzxzZHEIZE Xxxxx.be.. given.xzxZXZXZXZXZXZxzxzx2x2x2KX the sum of $50,000.00 as compensation for such buildings. 5. The Lessee shali on demand and prior to the issue of the Crown Lease, (or leases if more than one shall be required) pay into the Colonial Treasury on behalf of His Majesty the King, the sum of $ 8.00 for and in consideration of each boundary stone which shall be fixed by the Director of Fublic Works at each angle of the new Lot, (or any other Lots into which the same may be divided prior to the issue of the Crown Lease or Leases) properly cut and marked with the Registry Number of the Lot, and the Lessee shall notify the Director of Public Works when he is ready to have the boundary stones fixed. If it is intended that the angles of the Lot or Lots shall be covered by buildings, walls or other erections, such notification must be given at least fourteen days before the foundations are up to ground level to enable the boundary stones to be built into such buildings, walls or other erections as the work proceeds. If such notification be not duly given, the Director of Public Works shall be at liberty at any time to enter on the Lot or Lots and to cut into any buildings, walls or other erections thereon and to do any other act which may be necessary for the purpose of fixing the boundary stones. Any expense incurred in con- sequence of such cutting into buildings, walls or other erections shall be borne by the Lessee, and the amount thereof shall be paid by him into the Colonial Treasury within seven days of receipt of a demand in writing from the Director of Public Works. 6. The Lessee shall apply to the Director of Public Works for the new Lot to be set out on the ground and shall not commence any operations for building thereon until the Lot shall have been so set out by the Director of Public Works. If the Lessee shall erect any building otherwise than in due accord with the alignment of the Lot so set out as aforesaid he shall when called upon by the Director of Public Works so to do demolish such building and shall rebuild upon the correct alignment. If the Lessee shall when required by the Director of Public Works so to do fail to demolish any such building as aforesaid it shall be lawful for the Director of Public Works to cause such building to be demolished and the Lessee shall on demand pay to the Director of Public A certificate pur- Works the amount certified by him to be the cost of such demolition. porting to be signed by the Director of Public Works as to the alignment of any building. or as to the cost of demolition shall be final and conclusive evidence as between the parties hereto as to the facts certified therein. L.S.0.1. 7. The Lessee of the new Lot shall execute and take up a Crown Lease for the Lot when called upon to do so by the Land Officer, for which purpose all estates or interests whatsoever in the Lot or any part thereof created since the date of this agreement by way of Mortgage, Charge or otherwise then outstanding shall thereupon forthwith be previously reassigned or satisfied and an endorsement by the Land Officer on these condi- tions that plans of the Lot or any specified part thereof are in the Land Office and that the Crown Lease thereof must be taken up before any further dealings with the Lot or such specified part can be registered, shall be deemed to be a sufficient requisition to that effect, and shall pay to him, therefor, the prescribed fee. In the event of more than one building being erected on the said Lot the Lessee may be required to take up a separate lease for the site of each separate building and shall pay the Land Officer the prescribed fee for every additional lease so required to be taken up, provided that in the event of more than one lease being granted to the same person the fee for every lease exceeding one shall be $30.00. 8. The Lessee of the new Lot shall build and finish, fit for occupation, before the expiration of ......18 ...calendar months from the date on which possession shall be given to the Lessee, in a good substantial and workmanlike manner, one or more good and permanent buildings upon some part of the Lot with such materials as may he approved by the Director of Public Works, and in other respects in accordance with the provisions of all Ordinances, Bye-laws and Regulations relating to Buildings or Sanitation as shall or may at any time be in force in the Colony, and shall expend thereon a sum of not less than $40,000.00. in rateable improvements. Provided that notwithstanding any default by the Lessee in complying with this condition, and notwithstanding the acceptance on behalf of the Crown of any Crown rent or rates or other payment whatever, the Director of Public Works may in his discretion, and whether the Lessee consent or not, fix at any time and from time to time any extended period for the completion of the said buildings in sub- stitution for the said period of ...months, and thereupon the obligation hereunder of the Lessee in question to complete the said buildings shall be taken to refer to such substituted period, and the right of re-entry reserved in these conditions shall arise upon default of completion within such substituted period as if it had been the period originally provided. 9. The new Lot to be treated as land acquired after the passing of the Public Health and Buildings Ordinance No. 1 of 1903. 10. No sewage or refuse water will be allowed to flow from the new Lot 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 and in carrying out any works of excavation on the Lot no excavated earth shall be deposited on the Lot or (with permission) on Crown Land adjoining, in such manner as shall expose the slopes of such excavated earth to be eroded and washed down by the rains, and all such slopes shall be properly turfed and, if necessary, secured in place by means of masonry toe walls. The Lessee shall see that all refuse matters are properly removed daily from off the premises. 11. The Crown Rent of the new Lot shall commence from the date on which possession shall be given to the Lessee who shall pay into the Colonial Treasury a propor- tionate part of the annual rental specified in the Schedule hereinbefore contained on the next half-yearly day on which Crown Rent is payable and thereafter shall pay such annual rental by equal half-yearly payments on the 24th day of June and the 25th day of December in each and every year during the term of 75 years hereinbefore mentioned. 12. The exact boundaries of the new Lot shall be determined before the issue of the Crown Lease. xzXÉK ZXZ XİZAŃZ1ZXZXZEZDZIBÍZIZNZIZZEXZEŻEZİENÈx 1o XZÍÉ XEXZXgnzaz xżkzdzxz1218

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