Sample form of waiver letter to permit a canteen within an industrial building

The following is a sample form of waiver letter to permit a canteen within an industrial building. 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.

Dear Sirs,

I have to inform you that in consideration of your payment to the Government of the Hong Kong Special Administrative Region (hereinafter referred to as "the Government") of an administrative fee amounting to $ (the receipt whereof is hereby acknowledged), the Government has approved and I hereby grant on behalf of the Chief Executive a temporary waiver (hereinafter referred to as "the waiver") of the user restriction contained in the Lease/Special Condition No. of Conditions of /as varied or modified by a letter dated the day of (hereinafter referred to as "the Lease"/"the Conditions") under which the above-mentioned lot is held, so as to permit the use of [a portion of] the above-mentioned premises having an area not exceeding square metres or thereabouts and shown for identification purposes only coloured pink on the plan annexed hereto (hereinafter referred to as "the Premises") for the purpose of a canteen. The waiver is granted subject to the following terms and conditions :-

(1)	The waiver shall be for the lifetime of the existing building presently erected on Lot No. (hereinafter referred to as "the Lot") on the date of this letter;
(2)	The canteen shall be used exclusively by the people employed on the Lot;
(3)	The canteen shall have no independent or direct exit to or entrance from any public road, street, land or any other area whatsoever except such as may be required by the Building Authority for the purposes of escape in the event of fire or other emergency;
(4)	You shall observe and comply with all Ordinances, bye-laws, rules, regulations or other enactments relating to factory canteens and with all requirements which may be imposed by the Director of Fire Services, the Urban/Regional Council or the Director of Urban/Regional Services and the Building Authority. In particular, you shall not commence to operate the canteen unless and until a Factory Canteen Licence shall have been obtained from the Urban/Regional Council. If any building work involving structural alterations to the Premises is required for the purposes of the canteen, you shall engage an Authorized Person (as defined in the Buildings Ordinance) who shall prepare suitable plans for submission to the Director of Urban/Regional Services, Director of Fire Services and the Building Authority for their approval;
(5)	No advertising signboard, notice or poster nor any other kind of sign denoting or indicating the existence of the canteen shall be exhibited on the Lot or on any part thereof or on any building or buildings erected or to be erected thereon or on any part thereof so as to be visible from outside thereof;
(6)	There shall be reserved to the Government the right to cancel or revise the terms and conditions herein contained should this be considered appropriate for whatever reason. In the event of such cancellation or revision, no part of the administrative fee already paid shall be paid to you by the Government. Upon such cancellation, the Premises shall cease to be used for the purpose of a canteen and shall in all respects be subject to all the covenants/General and Special Conditions contained in the Lease/Conditions;
(7)	You shall indemnify and keep indemnified the Government, its officers and servants, from and against all action, 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 purpose of a canteen;
(8)	The waiver hereby granted shall be revoked forthwith upon notice by the Government in the event of any reasonable complaint by the owners or occupiers of the building or buildings standing on the Lot or by the owners or occupiers of any properties adjacent to the Premises against the use of the Premises for the purpose of a canteen. In the event of such revocation, no compensation whatsoever shall be paid to you by the Government;
(9)	Except as hereby temporarily waived all the provisions, covenants, stipulations, exceptions, reservations, powers and conditions/General and Special Conditions contained in the Lease/Conditions shall remain in full force and effect;
(10)	Nothing contained in this letter shall prejudice any of the rights and remedies of your co-owners under the Deed of Mutual Covenant dated the day of and registered in the Land Registry/ New Territories Land Registry by Memorial No. ; and
(11)	Nothing contained in this letter shall prejudice any of the rights and remedies of your Chargee/Mortgagee, , under the Legal Charge/Mortgage dated the day of and registered in the Land Registry/
New Territories Land Registry by Memorial No. .
2.	If the foregoing terms and conditions are acceptable to you, please signify your acceptance thereof by signing the docket on both copies of the waiver. Your signature must be duly witnessed. [I note that the Premises are in mortgage to the . It is essential the consent of your Mortgagee 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 has been duly endorsed,] please return all copies of the waiver to me, whereupon the waiver will be registered by Memorial at the Land Registry/ 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.
3.	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 2 above, the Government's approval of the waiver on these terms shall be deemed to have been automatically withdrawn.

c.c. LACO(District)

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

* For use where the lot is subject to a mortgage

WVRCAN05