User:HK97/sandbox

Block Crown Leases = Block PRC Government Leases in Hong Kong post 1997

Background

Block Crown Leases are the unique lease-hold collective land leases of Hong Kong authorised by King Edward the seventh in 1905, as a result of the second Peking Convention (1898) for leasing a total of 356 square miles from the Qing dynasty to the British Empire, inclusive of 67 square miles of private owned agricultural land and clusters of village houses land under the Qing's laws. Lessees and owners of these 67 square miles of agricultural and building lots were allowed to claim their proprietorship under British law, which were surveyed and categorised into Agricultural Cadastral land user schedule and Building Cadastral land user schedule, were entered into a collective land lease instrument - Block Crown Lease for a total of 477 Demarcation Districts in the New Territory (excluding New Kowloon). The Block Crown Lease (hereunder BCL) consisted of an indenture of more than 2,800 words of reservations, covenants, stipulations, provisos and declarations, signed by the Governor, Mr Matthew Nathan, certified correct by the Lands Officer and Assistant Lands Officer responsible for that Demarcation District. It also included the agricultural lots schedule with brief description on lessees, ground area in acre, class of the cultivation condition/value (1st, 2nd and 3rd classes) and annual crown rents. Also attaching the District Demarcation field survey plan for that District, known as the DD (number) Agricultural Cadastral Survey Plan for collection of rents purposes. Whilst the BCL for Building Lots (ie. House Lots and Market Lots), which had not been field surveyed, were not attached with any building lots field survey plan and therefore, were without any ground area for individual building lot. These 2 Agricultural (inclusive of Garden) Cadastre lots and Building (houses and markets) Cadastre lots are known as the BCL old scheduled lots.

THIS INDENTURE made the              day of                        one thousand nine hundred and                      BETWEEN OUR SOVEREIGN LORD EDWARD VII, by the GRACE of GOD, of the United Kingdom of GREAT BRITAIN and IRELAND and of the BRITISH DOMINIONS beyond the Seas King Defender of the Faith, Emperor of INDIA, of the one part, and the several persons, clans, families and  'tongs' whose names are set out in the Schedule hereunder written or in any Schedule which may hereafter be substituted therefore and may be certified by the Governor of Hong Kong to embody the same awards of the Land Court of the New Territories as are embodied in the Schedule hereunder written, or in any Supplemental Schedule signed by the said Governor which may hereafter be attached hereto ( which original Schedule, Substituted Schedule and Supplemental Schedules are hereinafter included in the expression " the Schedule hereto") and each of whom and whose respective Heirs, Executors, Administrators, Managers and Assigns are where not inapplicable hereinafter included under the designation of  " the Lessees" of the other part: WHEREAS SIR MATTHEW NATHAN,  Knight Commander of the most Distinguished Order of Saint Michael and Saint George is now the duly constituted and appointed Governor and Commander-in-Chief of the Colony of Hong Kong and its Dependencies and is duly authorized to enter into these presents in the name and on behalf of His said Majesty :  NOW THIS INDENTURE WITNESSETH that in consideration of yearly rents and covenants and stipulations hereinafter reserved and contained, by and on the part and behalf of each Lessee respectively to be paid, done and performed, His said Majesty KING EDWARD VII DOTH hereby grant and demise unto each Lessee All that piece or parcel of ground situate, lying and being in Surveying District No. In the New Territories in the Colony of Hong Kong set out and described in the Schedule hereto opposite to the name of such Lessee AND which said piece or parcel of ground is more particularly delineated and described on the plan or plans of Survey District No. attached hereto according to the lot number set out in the Schedule hereto opposite to the name of such Lessee and marked on the said plan together with the messuages, erections and buildings thereon and all the easements and appurtenances whatsoever to the said demised premises belonging, or in anywise appertaining, EXCEPT and RESERVED unto His said Majesty, His Heirs, Successors and Assigns all Mines, Minerals, and Quarries of Stone in, under and upon the said premises and all such Earth Soil, Marl, Clay, Chalk, Brick-earth, Gravel, Sand, Stone and Stones, and other Earths or Materials, which now are or hereafter during the continuance of this demise shall be under or upon the said premises or any part or parts thereof, as His said Majesty, His Heirs Successors or Assigns may require for the Roads, Public Buildings, or other Public Purposes of the said Colony of Hong Kong with full liberty of Ingress, Egress, and Regress, to and for His said Majesty, His Heirs, Successors and Assigns, and His and their Agents, Servants, and Workmen at reasonable times in the day during the continuance of this demise, with or without horses, carts, carriages, and all other necessary things, into, upon, from and out of all or any part or parts of the premises hereby expressed to be demised to view, dig for, convert and carry away, the said excepted Minerals, Stone, Earths and other things respectively on any part or parts thereof respectively : thereby doing as little damage as possible to the Lessees :  AND ALSO SAVE AND EXCEPT full power to His said Majesty, His Heirs, Successors and assigns, to make and conduct in, over, along, through or under the said premises, all and any Public or Common sewers, drains, or water-coursed, water or other mains, telegraph and telephone lines with full power at all times to enter into and upon the said demised premises for the purposes of making, : laying, erecting, inspecting or repairing the same or otherwise in connection therewith TO HAVE AND TO HOLD unto each Lessee the said piece or parcel of ground and premises hereby expressed to be demised to such Lessee, with their and every of their appurtenances from the first day of July One thousand eight hundred and Ninety-eight for and during and unto the full end of the term of Seventy-five years except in the case of those lots opposite which a different term of years or tenancy is stated in the Schedule hereto which lots shall be held for the term of years or tenancy so stated subject nevertheless to all existing Public or Private rights and easements in, over, along, through or under the said demised premises or any part or parts thereof respectively or in any wise appertaining thereto and subject also to such mortgages incumbrances,  tenancies, estates and interest (if any ) as are mentioned in the Schedule hereto or are duly entered against the same premises in the registers thereof in the Land Office and subject to all existing rights of all persons occupying the said premises as tenants or mortgagees of the lessee; YIELDING  and paying therefore yearly and every year the sum stated in the schedule hereto against the said Lot number or other sum as may hereafter be fixed in lieu thereof under the provisos next hereinafter contained in Current Money of the said Colony of Hong Kong, on the thirtieth day of June in every year free and clear from all Taxes, Rates, Charges, Assessments and Deductions whatsoever, charged upon or in respect of the said premises or any part thereof, payment of the said Rent for the current year becoming due on the thirtieth day of June One thousand  nine hundred and five; PROVIDED ALWAYS AND IT IS HEREBY AGREED AND DECLARED that on the expiration of the first ten years of the term hereby granted the rent hereby reserved shall cease and thereafter such rent shall be paid and become payable in respect of the said premises for the residue of the term hereby granted as shall be fairly and impartially fixed by the Surveyor to His said Majesty, His Heirs, Successors or Assigns ( now the Director of Public Works ) as the fair and reasonable rental value of the ground at that date; PROVIDED ALSO that in the event of any building being erected on any premises expressed to be demised as agricultural or garden ground  the rent payable in respect of such premises shall be such sum as shall be specified in the licence for the erection of such building to be granted in manner hereinafter appearing; AND each Lessee for himself and herself and for his and her own acts and deeds only and not the one for the other of them doth hereby covenant with His said Majesty, His Heirs, Successors and Assigns by these presents in manner following, that is to day, that the Lessee shall and will yearly, and every year, during the said term hereby granted, well and truly pay or cause to be paid to His said Majesty, His Heirs, Successors and Assigns, the said yearly Rent stated in the Schedule hereto opposite the Lot number of the premises demised to him or her or such other  rents as shall become payable under the provisos hereinbefore contained clear of all deductions as aforesaid on the several days and times and in the manner hereinbefore reserved and made payable :  AND ALSO that the Lessee shall and will during all the said term hereby granted, bear, pay and discharges all taxes, rates, charges and assessment whatsoever, which now are or shall be hereafter assessed or charged upon, or in respect of, the said premises hereby expressed  to be demised to him or her or any part  thereof :  And will pay the said taxes, rates,  charges and assessments for each and every year by annual payments in advance with the rent hereinbefore reserved on the thirtieth day of June in every year : AND ALSO that the Lessee shall and will, from time to time, and at all times hereafter when, where, and as often as need or occasion shall be and require, at his or her and their proper costs  and charges, well and sufficiently Repair, Uphold, Support, Maintain, Pave, Purge, Scour, Cleanse, Empty, Amend and keep the messuage or tenements, and all other erections and buildings, now or at any time hereafter standing upon the said pieces or parcels of ground hereby expressed to be demised, and all the Walls, Rails, Light. Pavements, Privies, Sinks, Drains, and Water-courses thereunto belonging and which shall in anywise belong or appertain unto the same, in, by, and with all and all manner of needful and necessary reparations, cleansing and amendments whatsoever, the whole to the done to the satisfaction of the Surveyor of His said Majesty, His Heirs, Successors or Assigns. And the said messuage or tenement, erection, buildings and premises being so well and sufficiently repaired, sustained and amended, at the end or sooner determination of the said term hereby granted shall and will peaceably and quietly deliver up to His said Majesty, His Heirs, Successors or Assigns : And further it shall and may be lawful to and for His said Majesty, His Heir, Successors or assigns, by His or their Surveyor, or other persons deputed to act for him or them, twice or oftener in every year during the said term, at all reasonable times in the day, to enter and come into and upon the said premised hereby expressed to the demised to view, search, and see, the conditions of the same, and of all decays,  defects, and wants of reparation and amendments, which upon every such view or views shall be found, to give or leave notice or warning in writing, at or upon the said premises or some part thereof, unto or for the Lessee to repair and amend the same within Three Calendar Months then next following, within which said time or space of Three Calendar months, after every such notice or warning shall be so given, or left as aforesaid, the Lessee will repair and amend the same accordingly :  AND FURTHER that the Lessee or any other person or persons shall not, Nor will, during the continuance of this demise, use, exercise or follow, in or upon the said premises, or any part thereof, any noisy,  noisome or offensive trade or  business whatever, nor convert any ground hereby expressed to be demised as agricultural or garden ground into use for building purposes other than for the proper occupied of the same ground as agricultural or garden ground without the previous Licence of His said Majesty, His Heirs, Successors or Assigns, signified in writing by the Governor of the said Colony of Hong Kong, or other person duly authorized in that behalf :  AND FURTHER that the Lessee or any other person or persons shall not nor will at any time during the said term erect or construct any building or structure of any description on the said demised premises or any part thereof whether demised as agricultural or garden ground or otherwise without first having obtained the approval thereto of the Surveyor  to His said Majesty, His Heirs, Successors or Assigns, or other person duly authorized by the Governor of the said Colony of Hong Kong, in that behalf : AND ALSO that the Lessee shall not, nor will, assign, demise, mortgage, or otherwise part with, all or any part of the said premises hereby expressed to be demised for all or any part of the said premises hereby expressed to be granted without forthwith registering such alienation in the Land Office, or such other office as may hereafter be instituted for the purposed of Land Registration in the said Colony of Hong Kong, and paying all reasonable fees and other expenses thereon: Provided always, and it is hereby agreed and declared, that in case the said yearly rents hereinbefore reserved, or any part thereof, shall be in arrear and unpaid by the space of twenty-one days next over, or after any or either of the said days whereon the same ought to the paid as aforesaid ( whether lawfully demanded or not ) or in case of the breach or non-performance of any or wither of the covenants and conditions herein contained, and by or on the part and behalf of the Lessee to be kept done and performed, then, and in either of the said cases, it shall and may be lawful to and for His said Majesty, His Heirs, Successors of Assigns, by the Governor of Hong Kong, or other person duly authorized in that behalf, in and upon the said premises hereby expressed to be demised in respect of which such rent shall be in arrear or such breach or non-performance shall have occurred or any part thereof in the name of the whole, to re-enter, and the same to have again, retain, repossess and enjoy, as in His or their first or former estate, as if these presents had not been made, and the Lessee and all other occupiers of the said premises thereout and thence utterly to expel, put out and amove, this Indenture or anything contained herein to the contrary notwithstanding : PROVIDED also, and it is hereby further agreed and declared that His said Majesty, His Heirs, Successors and Assigns, shall have full power to resume, enter into, and re-take possession of  all or any part of the premises hereby expressed to be demised, if required for the improvement of the said Colony of Hong Kong, or for any other public purposes whatsoever, Three Calendar Months' notice being given to the Lessee of its being so required, and full and fair compensation for the said Land and the Buildings thereon, being paid to the said Lessee at a valuation, to be fairly and impartially made by the Surveyor of His said Majesty, His Heirs, Successors or Assigns, and upon the exercise of such power the tern and estate hereby created shall respectively cease, determine and be void : PROVIDED also, and it is hereby further agreed and declared that each Lessee shall in such cases where the premises are demised for a term of seventy-five years be entitled on the expiration of the said term of  Seventy-five years to a renewed Lease of the premises respectively demised to him or her for a further term of twenty-four years less three days without payment of any Fine or Premium therefor and at the Rent hereinafter mentioned; And His said Majesty, His Heirs, Successors or assigns shall and will at the request and cost of such Lessee grant unto him or her on the expiration of the said terms of  Seventy-five Years hereby granted a new Lease of the said premised for the term of twenty-four years less three days at such Rent as shall be fairly and impartially fixed by the Surveyor of His said Majesty. His Heirs, Successors, or Assigns as the fair and reasonable rental value of the ground at the date of such renewal : And in all other respects such new Lease shall be granted upon the same terms and under and subject to the same reservations, covenants, stipulations, provisos and declarations as are contained in this present Lease with the exception of this proviso for renewal which shall not be contained in such new Lease. IN WITNESS whereof the said SIR MATTHEW NATHAN duly authorized by His said Majesty as aforesaid hath executed these present, and hereunto set the Public Seal on the Colony of Hong Kong aforesaid, in the Name and on behalf of His said Majesty.

(Signed) Matthew Nathan

Examined and certified to be correct. (Signed) C. Clementi Member Land Court Certified True Copy.

____________________ Assistant Land Officer