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Sample form of waiver letter for rebuilding of Surveyed domestic temporary structures on old schedule lot

The following is a sample form of waiver letter for rebuilding of surveyed domestic temporary structures on old schedule agricultural lot. Unless otherwise specified or required, the particulars to be inserted in the blanks in the sample form depend on the basic terms agreed between the applicant(s) and Government.

Applicant(s) should note that this sample form of waiver letter is provided for information only without any warranty or representation whatsoever on the part of Government that a waiver will be approved, and if approved a waiver letter when issued will contain the same terms and conditions as in the sample form. Government has the right in its absolute discretion to vary any of the term and conditions in the sample form as well as to impose additional terms and conditions. The waiver letter when issued will contain such terms and conditions as Government considers necessary or appropriate.


Sample form of waiver letter for rebuilding of
Surveyed domestic temporary structures on old schedule lot




By Recorded Delivery




Lot No. in D.D.
_______________________



With reference to your application concerning the above lot :
1.1 You are the registered owner of (“the Premises”) held from the Government of the Hong Kong Special Administrative Region ("the Government");
　
1.2 The Premises were, by the terms of the Lease (“the Block Lease”) under which the Premises were held, demised as agricultural or garden ground and your tenure thereof is subject to certain restrictive covenants, including a covenant ("the covenant") to the effect that you will not convert the Premises into use for building purposes other than for the proper occupation of the Premises as agricultural or garden ground without the previous licence of the Government. Breach of the covenant would give the Government a right to re-enter the Premises;
　
1.3 You wish to convert the Premises for non-agricultural building purposes, particulars of which are set out in paragraph 2.2 below and it is acknowledged that such conversion would, without the licence of the Government, be in breach of the covenant;
　
1.4 You have requested that the Government waive its right to re-enter the Premises for the said breach of covenant.
　
2 I hereby grant on behalf of the Government a waiver ("the waiver") of the Government's right to re-enter the Premises for breach of the covenant and hereby permit use of the Premises by you [or your tenant (the expression "your tenant" shall for the purpose of the waiver mean “ *insert name of tenant ” only)] for the purpose specified in paragraph 2.2 below subject to your acceptance of the following terms and conditions within 28 days from the date hereof.
　
2.1 The waiver is granted in consideration of payment by you to the Government, of a waiver fee in the sum of $ for the period of five years commencing on the day of 19 , such payment to be made in advance within 28 days from the date hereof. Demand Note No. for the amount now due is forwarded herewith.
　
2.2 No building or part thereof on the Premises may be used for any purpose other than private residential purpose by you [or your tenant].
　
2.3 Upon the expiry or sooner determination of the waiver the Government's right to re-enter shall be forthwith restored and in the event of any breach of the covenant thereafter the Government's right to re-enter may be exercisable as if the waiver had not been granted.
　
2.4 Except as herein provided, all the covenants, conditions and provisos contained in the Block Lease shall remain in full force and effect.
　
2.5 No structure shall be erected on the Premises other than one structure which shall not contain more than 2 storeys nor exceed a height of 5.18 metres and the maximum roofed-over area of the Premises shall not exceed 37.16 square metres.
　
2.6 Unless otherwise approved by the Building Authority, no building works, site formation works or drainage works shall be carried out on the Premises unless and until you [or your tenant] shall have applied for and obtained from me a certificate of exemption or separate certificates of exemption in respect of such building works, site formation works or drainage works pursuant to the Buildings Ordinance (Application to the New Territories) Ordinance Chapter 121.
　
2.7 You shall, if so required by the Government, on termination in whatsoever manner of the waiver, demolish and remove at your own expense and to my satisfaction all or any structures which are then standing on the Premises.
　
( Add any further Special Conditions, where necessary )
　
2.8 The waiver hereby granted is personal to you only and shall continue only so long as the Premises are legally owned and occupied by you and shall not be assigned or transferred by you in any way.
　
　 (For owner-occupied premises)
　
OR
　
2.8 The waiver hereby granted is personal to you and your tenant only and shall continue only so long as the Premises are legally owned by you and occupied by your tenant and shall not be assigned or transferred by you in any way.
　
　 (For tenanted premises)
　
2.9 Notwithstanding anything to the contrary herein contained the waiver shall be determined :
　
　 (a) forthwith upon the breach, non-performance or non-observance of any of the terms and conditions hereof;
　
　 (b) forthwith in the event of any change, cessation or variation of the permitted use of any building on the Premises as specified in paragraph 2.2 hereof;
　
　 (c) upon three calendar months' notice of determination in writing given by either party to the other to expire at any time but not before the day of 19 , except in the case of resumption of the Premises as provided for in paragraph 2.10 hereof.
　
　 (d) forthwith upon any change of registered owner [or if the Premises cease to be occupied by the tenant specified in paragraph 2 above].
　
Upon determination pursuant to paragraph 2.9(a), (b), (c) or (d) no compensation will be payable to you in respect of any loss or damage thereby occasioned.
　
2.10 (a) The Government shall have full power to resume, re-enter upon and re-take possession of all or any part of the Premises if required for the improvement of the Hong Kong Special Administrative Region or for any other public purpose whatsoever (as to which the decision of the Chief Executive of the Hong Kong Special Administrative Region shall be conclusive) three calendar months' notice in writing being given to you of its being so required, and upon the exercise of this power the waiver shall be deemed to have been revoked and your tenancy of the land so resumed shall cease, determine and be void, and you shall on the expiration of the said notice quit and deliver up possession of the land so resumed and the buildings thereon.
　
　 (b) In the event that the waiver hereby granted is terminated pursuant to paragraph 2.10(a) hereof during the said period of five years,
　
　 　 (i) there shall be paid by the Government to you compensation which will be calculated according to a rate of $ (*insert standard compensation rate) per square metre roofed-over area per calendar month for the remaining portion of the said period at the date of termination; and
　
　 　 (ii) there shall be refunded to you any waiver fee that has been paid by you in accordance with paragraph 2.1 of the waiver for the remaining portion of the said period at the date of termination.
　
　 (c) You hereby undertake and agree to indemnify and keep indemnified the Government from and against all actions, proceedings, costs, claims and demands whatsoever arising out of or in connection with such resumption or re-entry of all or any part of the Premises.
　
2.11 Provided that no notice of determination or resumption has been given under paragraphs 2.9(c) or 2.10(a) hereof, the waiver shall be deemed to have been renewed at the expiration of the said period of five years subject to an annual sum of $ being paid by you each year in advance or at such revised rate as may from time to time be fixed by the Government, not less than three calendar months' notice of such revised rate being given to you in writing before it shall take effect and become payable in the above manner.
　
2.12 Any notice to be served by the Government under the terms of the waiver shall be sufficiently served on you if left addressed to you on the Premises or forwarded to you by post or left at your last known address or (in the case of a corporation) forwarded to you by post or left at your registered office, and such notice, if sent by post, shall be deemed to be delivered in due course of post at the address to which it is sent.
　
2.13 You [and your tenant] shall at all times observe and comply with the attached drainage and health requirements.
　
2.14 You shall indemnify and keep indemnified the Government, its officers and servants, from and against all actions, costs, claims and demands arising directly or indirectly out of or in connection with the use of the Premises or any part thereof for the aforesaid purpose.
　
2.15 That in the event of the waiver fee hereby reserved or any part thereof not being paid on the due date for payment thereof (whether formally demanded or not) you shall pay interest to the Government on such amount of the waiver fee reserved as is unpaid on the due date or dates calculated from the day immediately following the due date or dates until payment of all fee due and interest thereon has been paid by you to the Government, such interest to be at a rate which is equivalent to two per cent per annum above the prevailing Best Lending Rate of The Hongkong and Shanghai Banking Corporation Limited.
　
2.16 Wherever in the conditions herein contained, it is provided that :
　
　 (a) the Government or its duly authorized officers shall or may carry out works of any description on the Premises or any part thereof or outside the Premises (whether on your behalf or on your failure to carry out such works or otherwise) at your cost or that you shall pay or repay to the Government or to its duly authorized officers on demand the cost of such works, such cost shall include such supervisory and overhead charges as may be fixed by the Government or its duly authorized officers; or
　
　 (b) the prior approval or consent in writing of the Government or its duly authorized officers is required, they may give the approval or consent on such terms and conditions as they see fit or refuse it at their absolute discretion.
　
3 If the foregoing terms and conditions are acceptable to you, please signify your acceptance thereof by signing the docket contained below, on both copies of the waiver. Your signature must be duly witnessed. [I note that the Premises are in mortgage to . It is essential the consent of your mortgagee(s) be obtained to the foregoing terms and conditions by having such consent endorsed in the manner indicated below, on both copies of the waiver.] After you have signed [and the consent of the mortgagee(s) has been duly endorsed], please return all copies of the waiver to me together with the receipted Demand Note for the aforesaid sum of $ whereupon the waiver will be registered by Memorial at the New Territories Land Registry. After registration the original of the waiver will be returned to you for retention with the documents of title in your possession.
　
4 If on the expiration of 28 days from the date of the waiver your acceptance of the above terms has not been formally signified in accordance with paragraph 3 above, the Government's approval of the waiver on these terms shall be deemed to have been automatically withdrawn.


Yours faithfully,





( 　 )
　
for District Lands Officer,


c.c. LACO(District)

I hereby agree to and accept the foregoing terms and conditions.





Witness
　 (Signature and name in block letters) 　 (Signature of
　 　 　 　 OR
　
H.K.I.D. Card No. : Seal of
　
Address : and signatures and names in block letters of its attesting officers and description of their offices)
　
　 　 　 　 Date:




* I/We, [ Insert the name(s) of the mortgagee(s) ] being the registered mortgagee(s) of the Premises hereby consent to the issue of the waiver on the above terms and conditions to [ Insert the name(s) of the owner(s) ] and formally acknowledge that I/We have no objection to the acceptance of such terms and conditions by [ Insert the name(s) of the owner(s) ]


Dated the day of 19





_____________________________
Signed for and on behalf of
[ Insert the name(s) of the mortgagee(s) ]




* For use where the lot is subject to a mortgage



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