Common use of Extinguishment of Rights Clause in Contracts

Extinguishment of Rights. In the event of the whole or any part of the Development being so damaged by fire, typhoon, earthquake, subsidence or other causes rendering it substantially unfit for habitation or use or occupation, the Owners of not less than 75% of the Undivided Shares allocated to that damaged part(s) of the Development (excluding the Undivided Shares allocated to the Common Areas and Facilities) shall convene a meeting of the Owners in whom the right to exclusive use, occupation and enjoyment of such part of the Development and such meeting may resolve by a seventy-five per cent (75%) majority of the Owners present in person or by proxy holding not less than seventy-five per cent (75%) of the total Undivided Shares of such damaged part (excluding the Undivided Shares allocated to the Common Areas and Facilities) and voting that by reason of insufficiency of insurance money or changes in building law or regulations or any other circumstances whatsoever, it is not practicable to reinstate or rebuild such part of the Development then in such event the Undivided Shares in the Lot representing such part of the Development shall be acquired by the Manager and the Owners of such Undivided Shares shall in such event be obliged to assign the same and all rights and appurtenances thereto to the Manager upon trust to forthwith dispose of the same by public auction or private treaty and to distribute the net proceeds of sale amongst the Owners of such Undivided Shares in proportion to the respective number of Undivided Shares previously held by such former Owners. All insurance money received in respect of any policy of insurance on such part of the Development shall likewise be distributed amongst such former Owners. In such event all the rights, privileges, obligations and covenants of such former Owners under this Deed shall be extinguished so far as the same relate to such former Owners of the relevant part of the Development. PROVIDED ALWAYS THAT if it is resolved to reinstate or rebuild such part of the Development the Owners of such part of the Development shall pay the excess of the cost of reinstatement or rebuilding of the relevant part of the Development damaged as aforesaid over and above the proceeds recoverable from the insurance of such part of the Development in proportion to the respective number of Undivided Shares held by them and that until such payment the same will become a charge upon their respective Undivided Shares allocated to the relevant part of the Development and be recoverable as a civil debt. The resolution is to be binding upon all the Owners of the damaged part(s).

Extinguishment of Rights. 9.1 In the event of the whole or any part of the Development being so damaged by fire, typhoon, earthquake, subsidence or other causes rendering it substantially unfit for use, habitation or use or occupation, (a) the Owners’ Committee (b) the Manager or (c) the Owners of the Development holding not less than 75% of the Undivided Shares allocated to that damaged part(s) of the Development (excluding the Undivided Shares allocated to the Common Areas and Facilities) shall convene a meeting of the Owners in whom the right to exclusive use, occupation and enjoyment of such part damaged part(s) of the Development and such meeting may resolve by a seventy-five per cent (75%) % majority of the Owners present in person or by proxy holding not less than seventy-five per cent (75%) % of the total Undivided Shares of such damaged part part(s) (excluding the Undivided Shares allocated to the Common Areas and Facilities) and voting that by reason of insufficiency of insurance money or changes in building law or regulations or any other circumstances whatsoever, it is not practicable to reinstate or rebuild such part damaged part(s) of the Development then in such event event, the Undivided Shares in the Lot representing such part damaged part(s) of the Development shall be acquired by the Manager and the Owners of such Undivided Shares shall in such event be obliged to assign the same and all rights and appurtenances thereto to the Manager upon trust to forthwith dispose of the same by public auction or private treaty and to distribute the net proceeds of sale amongst the Owners of such Undivided Shares in proportion to the respective number of Undivided Shares previously held by such former Owners. All insurance money received in respect of any policy of insurance on such part damaged part(s) of the Development shall likewise be distributed amongst such former Owners. In such event all the rights, privileges, obligations and covenants of such former Owners under this Deed shall be extinguished so far as the same relate to such former Owners of the relevant part damaged part(s) of the Development. PROVIDED ALWAYS THAT if it is resolved to reinstate or rebuild such part damaged part(s) of the Development Development, the Owners of such part damaged part(s) of the Development shall pay the excess of the cost of reinstatement or rebuilding of the relevant part damaged part(s) of the Development damaged as aforesaid over and above the proceeds recoverable from the insurance of such part damaged part(s) of the Development in proportion to the respective number of Undivided Shares held by them and that until such payment the same will become a charge upon their respective Undivided Shares allocated to the relevant part damaged part(s) of the Development and be recoverable as a civil debt. The resolution is to be binding upon all the Owners of the damaged part(s) of the Development. 9.2 The following provisions shall apply to a meeting convened as provided in Clause 9.1 above:- (a) The person convening such meeting of the Owners shall, at least 14 days before the date of the meeting, give notice of the meeting to each Owner. Such notice of meeting shall specify: (i) the date, time and place of the meeting; and (ii) the resolutions (if any) that are to be proposed at the meeting. (b) The notice of meeting referred to in sub-clause (a) shall be posted on the public notice boards of or a prominent place in the Development and if possible, may be given : (i) by delivering it personally to the Owner; (ii) by sending it by post to the Owner at his last known address; or (iii) by leaving at the Owner’s Unit or depositing it in the letter box for that Unit. (c) No business shall be transacted at any meeting unless a quorum is present when the meeting proceeds to business and Owners present in person or by proxy who in the aggregate have vested in them not less than 75% of the total number of Undivided Shares of the damaged part(s) of the Development (excluding the Undivided Shares allocated to the Common Areas and Facilities) in question shall be a quorum. (d) If within half an hour from the time appointed for the meeting a quorum is not present the meeting shall stand adjourned to the same time and day in the following week at the same place, and if at such adjourned meeting a quorum is not present the Owners present shall be deemed to constitute a quorum. (e) The Chairman of the Owners’ Committee or the person convening such meeting shall be the chairman of the meeting. (f) The chairman shall cause a record to be kept of the persons present at the meeting and notes of the proceedings thereof. (g) At such meeting of the Owners : (i) an Owner shall have one vote in respect of each Undivided Share he owns; (ii) an Owner may cast a vote personally or by proxy; (iii) where 2 or more persons are the co-Owners of an Undivided Share, the vote in respect of that Undivided Share may be cast : (A) by a proxy jointly appointed by the co-Owners; (B) by a person appointed by the co-Owners from among themselves; or (C) if no appointment is made under this sub-clause (g)(iii)(A) or (B), either by one of the co-Owners personally or by a proxy appointed by one of the co-Owners. (iv) where 2 or more persons are the co-Owners of an Undivided Share, and more than one of the co-Owners seeks to cast a vote in respect of the Undivided Share, only the vote that is cast, whether personally or by proxy, by the co-Owner whose name, in order of priority, stands highest in relation to that Undivided Share in the register kept at the Land Registry shall be treated as valid; and (v) if there is an equality of votes, the person presiding over the meeting shall have, in addition to a deliberative vote, a casting vote. (i) An instrument appointing a proxy shall be in the form set out in Form 1 in Schedule 1A to the Building Management Ordinance, and (A) shall be signed by the Owner; or (B) if the Owner is a body corporate, shall notwithstanding anything to the contrary in its constitution, be impressed with the seal or chop of the body corporate and signed by a person authorized by the body corporate in that behalf. (ii) The instrument appointing a proxy shall be lodged with the chairman of the Owners’ Committee or the person convening the meeting at least 48 hours before the time for the holding of the meeting. (iii) A proxy appointed by an Owner to attend and vote on behalf of the Owner shall, for the purposes of the meeting, be treated as being the Owner present at that meeting. (i) A resolution passed at a duly convened meeting by a 75% majority of the Owners present in person or by proxy and voting in proportion to the number of Undivided Shares in the damaged part(s) of the Development in question (excluding the Undivided Shares allocated to the Common Areas and Facilities) held at such meeting shall be binding on all the Owners of the Development or (as the case may be) the damaged part(s) of the Development in question PROVIDED THAT:- (i) the notice convening the meeting shall specify the intention to propose a resolution concerning such matter; (ii) any resolution purported to be passed at any such meeting concerning any other matter shall not be valid; (iii) no resolution shall be valid if it is contrary to the provisions of this Deed. (j) A resolution in writing signed by Owners who in the aggregate have vested in them for the time being not less than 75% of the Undivided Shares allocated to the damaged part(s) of the Development in question (excluding the Undivided Shares allocated to the Common Areas and Facilities) shall be as valid and effectual as if it had been passed at a duly convened meeting of such Owners. (k) The accidental omission to give notice as aforesaid to any Owner shall not invalidate the meeting or any resolution passed thereat.

Extinguishment of Rights. 63. In the event of the whole or any part of the Development being so damaged by fire, typhoon, earthquake, subsidence or other causes rendering it cause so as to render the same substantially unfit for habitation or use or occupationhabitation, the Manager shall convene a meeting of the Owners in whom the exclusive use, occupation and enjoyment of such part of the Development is vested and such meeting may resolve by a resolution of not less than 75% majority at a meeting of the Owners of not less than 75% of the Undivided Shares allocated to that damaged part(s) part of the Development in question (excluding the Undivided Shares allocated to the Common Areas and Facilities) shall convene a meeting of the Owners in whom the right to exclusive use, occupation and enjoyment of such part of the Development and such meeting may resolve by a seventy-five per cent (75%) majority of the Owners present voting in person or by proxy holding not less than seventy-five per cent (75%) of the total Undivided Shares of such damaged part (excluding the Undivided Shares allocated to the Common Areas and Facilities) and voting that by reason of insufficiency of insurance money or changes in building law or and/or regulations or any other circumstances whatsoever, it is not practicable to reinstate or rebuild such part of the Development then in such event the Undivided Shares in the Lot representing such part of the Development shall be acquired by the Manager and the Owners (excluding the Owner of the Common Areas and Facilities) of such Undivided Shares shall in such event be obliged to assign the same and all rights and appurtenances thereto to the Manager upon trust to forthwith dispose of the same by public auction or private treaty and to distribute the net proceeds of sale amongst the Owners (excluding the Owner of the Common Areas and Facilities) of such Undivided Shares in proportion to the respective number of Undivided Shares previously held by such former Owners. All insurance money received in respect of any policy of insurance on such part of the Development shall likewise be distributed amongst such former Owners. In such event all the rights, privileges, obligations and covenants of such former Owners under this Deed shall be extinguished so far as the same relate to such former Owners of the relevant such part of the Development. Development PROVIDED ALWAYS THAT if it is resolved to reinstate or rebuild such part of the Development the Owners of such part of the Development shall pay the excess of the cost of reinstatement or rebuilding of the relevant part of the Development damaged as aforesaid over and above the proceeds money recoverable from the insurance of such part of the Development in proportion to the respective number of Undivided Shares held by them and that until such payment the same will become a charge upon their respective Undivided Shares allocated to the relevant part of the Development and be recoverable as a civil debt. 64. The resolution is following provisions shall apply to a meeting convened by the Manager as provided in Clause 63 hereof :- (a) Every such meeting shall be convened by at least 7 days’ notice in writing specifying the date, time and place of the meeting and the resolutions to be proposed. Service of such notice on an Owner may be effected: - (i) personally upon the Owner; (ii) by post addressed to the Owner at his last known address; or (iii) (where applicable) by leaving such notice at the Owner’s Unit or depositing the notice in the Owner’s letter box. (b) No business shall be transacted at any meeting unless a quorum is present. A quorum shall consist of the Owners (excluding the Owner of the Common Areas and Facilities) present in person or by proxy in whom not less than 75% of the total number of Undivided Shares in the part of the Development in question (excluding Undivided Shares allocated to the Common Areas and Facilities) are vested; (c) If within half an hour from the time appointed for the meeting a quorum be not present the meeting shall stand adjourned to the same time and day in the next week at the same place; (d) The Manager shall be the chairman of the meeting; (e) The chairman shall cause a record to be kept of the persons present at the meeting and notes of the proceedings thereof; (f) Every Owner shall have one vote for each Undivided Share allocated to the part of the Development vested in him and in the case of Owners who together are entitled to one such Undivided Share such Owners shall jointly have one vote for each such Undivided Share and in case of dispute the first named of such Owners shall have the right to vote; (g) In case of equality of votes the chairman shall have a second or casting vote; (h) Votes may be given either personally or by proxy; (i) The instrument appointing a proxy shall be deposited with the chairman of the meeting either before or at the meeting; (j) A resolution passed at a duly convened meeting by a 75% majority of the Owners (excluding the Owner of the Common Areas and Facilities) present in person or by proxy and voting shall be binding upon on all the Owners of the damaged part(srelevant part of the Development PROVIDED as follows :- (i) the notice convening the meeting shall specify the intention to propose a resolution concerning such matter; (ii) any resolution purported to be passed at any such meeting concerning any other matter shall not be valid; (iii) no resolution shall be valid if it is contrary to the provisions of this Deed or any relevant Sub-Deed (if any); (k) A resolution in writing signed by Owners who in the aggregate have vested in them for the time being more than 75% of the Undivided Shares allocated to the part of the Development (excluding the Undivided Shares allocated to the Common Areas and Facilities) in question shall be as valid and effectual as if it had been passed at a duly convened meeting of such Owners Provided that notice has been given pursuant to Clause 64(a); (l) The accidental omission to give notice as aforesaid to any Owner shall not invalidate the meeting or any resolution passed thereat.

Extinguishment of Rights. 9.1 In the event of the whole or any part of the Development being so damaged by fire, typhoon, earthquake, subsidence or other causes cause rendering it substantially unfit for habitation or use or occupation, (a) the Owners' Committee (b) the Manager or (c) the Owners of the Development holding not less than seventy-five per cent (75% %) of the Undivided Shares allocated to that damaged part(s) of the Development (excluding the Undivided Shares allocated to the Common Areas and Facilities) shall convene a meeting of the Owners in whom the right to exclusive use, occupation and enjoyment of such part of the Development and such meeting may resolve by a seventy-five per cent (75%) majority of the Owners present in person or by proxy holding not less than seventy-five per cent (75%) of the total Undivided Shares of such damaged part (excluding the Undivided Shares allocated to the Common Areas and Facilities) and voting that by reason of insufficiency of insurance money or changes in building law or regulations or any other circumstances whatsoever, it is not practicable to reinstate or rebuild such part of the Development then in such event the Undivided Shares of and in the Lot Land representing such part of the Development so affected shall be acquired by the Manager and the Owners of such Undivided Shares shall in such event be obliged to assign the same and all rights and appurtenances thereto to the Manager upon trust to forthwith dispose of the same by public auction or private treaty and to distribute the net proceeds of sale amongst the Owners of such Undivided Shares in proportion to the respective number of Undivided Shares previously held by such former Owners. All insurance money received in respect of any policy of insurance on such part of the Development shall likewise be distributed amongst such former Owners. In such event all the rights, privileges, obligations and covenants of such former Owners under this Deed shall be extinguished so far as the same relate to such former Owners of the relevant part of the Development. PROVIDED ALWAYS THAT if it is resolved to reinstate or rebuild such part of the Development so affected the Owners of such part of the Development so affected shall pay the excess of the cost of reinstatement or rebuilding of the relevant part of the Development damaged as aforesaid over and above the proceeds recoverable from the insurance of such part of the Development in proportion to the respective number of Undivided Shares held by them and that until such payment the same will become a charge upon their respective Undivided Shares allocated to the relevant part of the Development and be recoverable as a civil debt. The resolution is to be binding upon all the Owners of the damaged part(s). 9.2 The following provisions shall apply to a meeting convened as provided in Clause 9.1 hereof :- (a) The person convening such meeting of the Owners shall, at least fourteen (14) days before the date of the meeting, give notice of the meeting to each Owner. Such notice of meeting shall specify: (i) the date, time and place of the meeting; and (ii) the resolutions (if any) that are to be proposed at the meeting. (b) The notice of meeting referred to Clause 9.2(a) shall be posted on the public notice boards of or a prominent place in the Development and may be given : (i) by delivering it personally to the Owner; (ii) by sending it by post to the Owner at his last known address; or (iii) by leaving at the Owner's Unit or depositing it in the letter box for that Unit. (c) No business shall be transacted at any meeting unless a quorum is present when the meeting proceeds to business and Owners present in person or by proxy who in the aggregate have vested in them not less than seventy-five per cent (75%) of the total number of Undivided Shares of the part of the Development (excluding the Undivided Shares allocated to the Common Areas and Facilities) so affected in question shall be a quorum. (d) If within half an hour from the time appointed for the meeting a quorum is not present the meeting shall stand adjourned to the same time and day in the next week at the same place, and if at such adjourned meeting a quorum be not present the Owners present shall be deemed to constitute a quorum. (e) The Chairman of the Owners' Committee or the person convening such meeting shall be the chairman of the meeting. (f) The chairman shall cause a record to be kept of the persons present at the meeting and notes of the proceedings thereof. (g) At such meeting of the Owners : (i) an Owner shall have one vote in respect of each Undivided Share he owns; (ii) an Owner may cast a vote personally or by proxy; (iii) where 2 or more persons are the co-Owners of an Undivided Share, the vote in respect of that Undivided Share may be cast : (1) by a proxy jointly appointed by the co-Owners; (2) by a person appointed by the co-Owners from among themselves; or (3) if no appointment is made under this Clause 9.2(g)(iii)(1) or (2), either by one of the co-Owners personally or by a proxy appointed by one of the co-Owners. (iv) where 2 or more persons are the co-Owners of an Undivided Share, and more than one of the co-Owners seeks to cast a vote in respect of the Undivided Share, only the vote that is cast, whether personally or by proxy, by the co-Owner whose name, in order of priority, stands highest in relation to that Undivided Share in the register kept at the Land Register shall be treated as valid; and (v) if there is an equality of votes, the person presiding over the meeting shall have, in addition to a deliberative vote, a casting vote. (i) An instrument appointing a proxy shall be in the form set out in Form 1 in Schedule 1A to the Building Management Ordinance, and (1) shall be signed by the Owner; or (2) if the Owner is a body corporate, shall notwithstanding anything to the contrary in its constitution, be impressed with the seal or chop of the body corporate and signed by a person authorized by the body corporate in that behalf. (ii) The instrument appointing a proxy shall be lodged with the chairman of the Owners' Committee or the person convening the meeting at least forty-eight (48) hours before the time for the holding of the meeting. (iii) A proxy appointed by an Owner to attend and vote on behalf of the Owner shall, for the purposes of the meeting, be treated as being the Owner present at that meeting. (i) A resolution passed at a duly convened meeting by a seventy-five per cent (75%) majority of votes of such Owners present in person or by proxy and voting in proportion to the number of Undivided Shares in the relevant part of the Development so affected in question (excluding the Undivided Shares allocated to the Common Areas and Facilities) held at such meeting shall be binding on all the Owners of the Development or (as the case may be) the relevant part of the Development PROVIDED as follows:- (i) the notice convening the meeting shall specify the intention to propose a resolution concerning such matter; (ii) any resolution purported to be passed at any such meeting concerning any other matter shall not be valid; (iii) no resolution shall be valid if it is contrary to the provisions of this Deed. (j) A resolution in writing signed by Owners who in the aggregate have vested in them for the time being not less than seventy-five per cent (75%) of the Undivided Shares allocated to the part of the Development so affected in question (excluding the Undivided Shares allocated to the Common Areas and Facilities) shall be as valid and effectual as if it had been passed at a duly convened meeting of such Owners. (k) The accidental omission to give notice as aforesaid to any Owner shall not invalidate the meeting or any resolution passed thereat. 9.3 For the avoidance of doubt, the provisions in Clause 8 hereof do not apply to a meeting convened as provided in Clause 9.1 hereof.

Extinguishment of Rights. 9.1 In the event of the whole or any part of the Development being so damaged by fire, typhoon, earthquake, subsidence or other causes cause rendering it substantially unfit for habitation or use or occupation, (a) the Owners’ Committee (b) the Manager or (c) the Owners of the Development holding not less than 75% of the Undivided Shares allocated to that damaged part(s) of the Development (excluding the Undivided Shares allocated to the Common Areas and Facilities) shall may convene a meeting of the Owners in whom the right to exclusive use, occupation and enjoyment of such part damaged part(s) of the Development and such meeting may resolve by a seventy-five per cent (75%) majority of the Owners present in person or by proxy holding not less than seventy-five per cent (75%) of the total Undivided Shares of such damaged part part(s) (excluding the Undivided Shares allocated to the Common Areas and Facilities)) and such meeting may resolve by a seventy-five per cent (75%) majority of those Owners present in person or by proxy and voting that by reason of insufficiency of insurance money or changes in building law or regulations or any other circumstances whatsoever, it is not practicable to reinstate or rebuild such part damaged part(s) of the Development then in such event the Undivided Shares in the Lot representing such part damaged part(s) of the Development shall be acquired by the Manager and the Owners (excluding the Owner of the Undivided Shares allocated to the Common Areas and Facilities) of such Undivided Shares shall in such event be obliged to assign the same and all rights and appurtenances thereto to the Manager upon trust to forthwith dispose of the same by public auction or private treaty and to distribute the net proceeds of sale amongst the Owners (excluding the Owner of the Undivided Shares allocated to the Common Areas and Facilities) of such Undivided Shares in proportion to the respective number of Undivided Shares previously held by such former OwnersOwners (except the Manager) bears to the total number of Undivided Shares of such damaged part(s) of the Development in question (excluding the Undivided Shares allocated to the Common Areas and Facilities). All insurance money received in respect of any policy of insurance on such part damaged part(s) of the Development shall likewise be distributed amongst such former OwnersOwners of Undivided Shares being assigned and sold to the Manager as aforesaid. In such event all the rights, privileges, obligations and covenants of such former Owners under this Deed shall be extinguished so far as the same relate to such former Owners of the relevant part damaged part(s) of the Development. Development PROVIDED ALWAYS THAT if it is resolved to reinstate or rebuild such part damaged part(s) of the Development Development, the Owners of such part damaged part(s) of the Development shall pay the excess of the cost of reinstatement or rebuilding of the relevant part damaged part(s) of the Development damaged as aforesaid over and above the proceeds recoverable from the insurance of such part damaged part(s) of the Development in proportion to the respective number of Undivided Shares held by them bears to the total number of Undivided Shares of the damaged part(s) of the Development in question (excluding the Undivided Shares allocated to the Common Areas and Facilities) respectively and that until such payment the same will become a charge upon their respective Undivided Shares allocated to the relevant part damaged part(s) of the Development and be recoverable as a civil debt. The resolution is to be binding upon all the Owners of the damaged part(s) of the Development. 9.2 The following provisions shall apply to a meeting convened as provided in Clause 9.1 of this Deed: - (a) the person convening such meeting of the Owners of the damaged part(s) of the Development shall, at least 14 days before the date of the meeting, give notice of the meeting to each Owner. Such notice of meeting shall specify: - (i) the date, time and place of the meeting; and (ii) the resolutions (if any) that are to be proposed at the meeting; (b) the notice of meeting referred to in sub-clause (a) above shall be posted on the public notice boards of or a prominent place in the Development and if possible, may be given: - (i) by delivering it personally to the Owner; (ii) by sending it by post to the Owner at his last known address; or (iii) by leaving at the Owner’s Unit or depositing it in the letter box for that Unit; (c) no business shall be transacted at any meeting of the Owners of the damaged part(s) of the Development unless a quorum is present when the meeting proceeds to business and Owners present in person or by proxy who in the aggregate have vested in them not less than seventy-five per cent (75%) of the total number of Undivided Shares of the damaged part(s) of the Development (excluding the Undivided Shares allocated to the Common Areas and Facilities) so affected in question shall be a quorum; (d) if within half an hour from the time appointed for the meeting a quorum is not present the meeting shall stand adjourned to the same time and day in the next week at the same place; (e) the Chairman of the Owners’ Committee, or (in the absence of the Chairman of the Owners’ Committee) the Owners present shall choose one of their members to be the chairman of the meeting, or the person convening such meeting shall be the chairman of the meeting; (f) the chairman shall cause a record to be kept of the persons present at the meeting and notes of the proceedings thereof; (g) at such meeting of the Owners of the damaged part(s) of the Development: - (i) an Owner shall have one vote in respect of each Undivided Share he owns; (ii) an Owner may cast a vote personally or by proxy; (iii) where 2 or more persons are the co-Owners of an Undivided Share, the vote in respect of that Undivided Share may be cast: - (1) by a proxy jointly appointed by the co-Owners; (2) by a person appointed by the co-Owners from among themselves; or (3) if no appointment is made under this sub-clause (g)(iii)(1) or (2) above, either by one of the co-Owners personally or by a proxy appointed by one of the co-Owners; (iv) where 2 or more persons are the co-Owners of an Undivided Share, and more than one of the co-Owners seeks to cast a vote in respect of the Undivided Share, only the vote that is cast, whether personally or by proxy, by the co-Owner whose name, in order of priority, stands highest in relation to that Undivided Share in the register kept at the Land Registry shall be treated as valid; and (v) if there is an equality of votes, the Chairman or the person presiding over the meeting shall have, in addition to a deliberative vote, a casting vote; (i) an instrument appointing a proxy shall be in the form set out in Form 1 in Schedule 1A to the Building Management Ordinance, and: - (1) shall be signed by the Owner; or (2) if the Owner is a body corporate, shall notwithstanding anything to the contrary in its constitution, be impressed with the seal or chop of the body corporate and signed by a person authorized by the body corporate in that behalf; (ii) the instrument appointing a proxy shall be lodged with the chairman of the Owners’ Committee or the person convening the meeting at least 48 hours before the time for the holding of the meeting; (iii) a proxy appointed by an Owner to attend and vote on behalf of the Owner shall, for the purposes of the meeting, be treated as being the Owner present at that meeting; (i) a resolution passed at a duly convened meeting by a seventy-five per cent (75%) majority of votes of those Owners present in person or by proxy and voting at such meeting shall be binding on all the Owners of the relevant damaged part(s) of the Development provided as follows: - (i) the notice convening the meeting shall specify the intention to propose a resolution concerning such matter; (ii) any resolution purported to be passed at any such meeting concerning any other matter shall not be valid; (iii) no resolution shall be valid if it is contrary to the provisions of this Deed and any Sub-Deed(s); (j) the accidental omission to give notice as aforesaid to any Owner of the damaged part(s) of the Development shall not invalidate the meeting or any resolution passed thereat.

Extinguishment of Rights. In 64. Notwithstanding any other provisions to the contrary herein contained, in the event of the whole Estate or any part of the Development thereof being so damaged by fire, typhoon, earthquake, subsidence or other causes rendering it substantially cause so as to render the same unfit for habitation or use or occupation, the Manager or the Owners' Committee or the Owners of not less than 75% of the Undivided Shares allocated to that the damaged part(s) part of the Development Estate (excluding the Undivided Shares allocated to the Common Areas and Facilities) shall may convene a meeting of the Owners in whom the right to exclusive use, occupation and enjoyment of such part of the Development Estate or (as the case may be) the part thereof so affected and such meeting may resolve by a seventy-five per cent (75%) majority of the Owners present in person or by proxy holding not less than seventy-five per cent (75%) of the total % majority Undivided Shares of such damaged part Owners present and voting in proportion to the number of Undivided Shares (excluding the Undivided Shares allocated to the Common Areas and Facilities) and voting held at such meeting whether or not to rebuild or reinstate the damaged part of the Estate so affected. If it shall be resolved that by reason of insufficiency of insurance money or changes in building law or and/or regulations or any other circumstances whatsoever, it is not practicable to reinstate or rebuild such the Estate or (as the case may be) the part of the Development thereof so affected then in such event the Undivided Shares in the Lot representing such part and of the Development Estate or (as the case may be) the part thereof so affected shall be acquired by the Manager and the Owners of such Undivided Shares shall in such event be obliged to assign the same and all rights and appurtenances thereto to the Manager upon trust to forthwith dispose of the same by public auction or private treaty and to distribute the net proceeds of sale amongst the Owners of such Undivided Shares (excluding the Owner of Undivided Shares allocated to the Common Areas and Facilities) in proportion to the respective number of Undivided Shares previously held by such former OwnersOwners (except the Manager) bears to the total number of Undivided Shares of the damaged part(s) of the Estate in question (excluding the Undivided Shares allocated to the Common Areas and Facilities). All insurance money received in respect of any policy of insurance on such the Estate or (as the case may be) the part of the Development thereof so affected shall likewise be distributed amongst such former OwnersOwners of Undivided Shares being sold and assigned to the Manager aforesaid. In such event all the rights, privileges, obligations and covenants of such former Owners under this Deed shall be extinguished so far as the same relate to such former Owners of the relevant part of the Development. PROVIDED ALWAYS THAT if it is resolved by not less than 75% majority of such Owners present and voting in proportion to the number of Undivided Shares (excluding the Undivided Shares allocated to the Common Areas and Facilities) held at such meeting to reinstate or rebuild such the Estate or (as the case may be) the part of the Development thereof so affected the Owners of such the Estate or (as the case may be) the part of the Development thereof so affected shall pay the excess of the cost of reinstatement or rebuilding of the Estate or the relevant part of the Development thereof damaged as aforesaid over and above the proceeds recoverable from the insurance of such the Estate or (as the case may be) the part of the Development thereof so affected in proportion to the respective number of Undivided Shares held by them (excluding the Undivided Shares allocated to the Common Areas and Facilities) and that until such payment the same will become a charge upon their respective Undivided Shares allocated to the Estate or the relevant part of the Development thereof and be recoverable as a civil debt. 65. The resolution is following provisions shall apply to a meeting convened as provided in Clause 64 hereof :- (i) Every such meeting shall be convened by at least 14 days' notice in writing served by the person or persons convening the meeting upon each Owner of the damaged part(s) of the Estate , and that notice shall specify the date, time and place of the meeting and the resolutions (if any) that are to be proposed; (ii) Service of a notice required to be served under Sub-clause (a)(i) above may be effected: - (a) personally upon the Owner; (b) by xxxx addressed to the Owner at his last known address; or (c) by leaving the notice at the Owner's Unit or depositing the notice in his letter box. (b) No business shall be transacted at any meeting unless a quorum is present when the meeting proceeds to business and Owners present in person or by proxy who in the aggregate have vested in them not less than 75% of the total number of Undivided Shares allocated to the damaged part(s) of the Estate (excluding the Undivided Shares allocated to the Common Areas and Facilities) shall be a quorum; (c) If within half an hour from the time appointed for the meeting a quorum is not present the meeting shall stand adjourned to the same time and day in the next week at the same place, and if at such adjourned meeting a quorum be not present the Owners present shall be deemed to constitute a quorum; (d) Every such meeting shall be presided over by the chairman of the Owners' Committee or, in his absence, the Owners present shall choose one of their members to be the chairman of the meeting; (e) The chairman shall cause a record to be kept of the persons present at the meeting and notes of the proceedings thereof; (f) Every Owner of the Estate shall have one vote for each Undivided Share allocated to the Estate (excluding the Undivided Shares allocated to the Common Areas and Facilities) vested in him and in the case of Owners who together are entitled to one such Undivided Share such Owners shall jointly have one vote for each such Undivided Share and the vote in respect of that Undivided Share may be cast :- (i) by a proxy jointly and appointed by such Owners; (ii) by a person appointed by the co-owners from amongst themselves; or (iii) if no appointment has been made under sub-subparagraph (i) or (ii), then either by one of the co-owners personally or by a proxy appointed by one of the co-owners; and, in the case of any meeting where more than one of the co-owners seeks to cast a vote in respect of the Undivided Share, only the vote that is cast, in person or by proxy, by the co-owner whose name, in order of priority, stands highest in relation to that Undivided Share in the register kept at the Land Registry shall be treated as valid. In case of any equality of votes the chairman shall have, in addition to a deliberate vote, a second or casting vote; (g) Votes may be given either personally or by proxy; (h) The instrument appointing a proxy shall be in writing and in the form set out in Form 1 in Schedule 1A of the BMO, and shall be signed by the Owner or if the Owner is a body corporate, shall, notwithstanding anything to the contrary in its constitution, be impressed with the seal or chop of the body corporate and signed by a person authorized by the body corporate in that behalf; (i) The appointment of a proxy shall have no effect unless the instrument appointing a proxy shall be lodged with the chairman of the Owners’ Committee or, if the meeting is convened by a person other than the Owners’ Committee, the person convening the meeting at least 48 hours before the time for the holding of the meeting. A proxy appointed by an Owner to attend and vote on behalf of the Owner shall, for the purposes of the meeting, be treated as being the Owner present at the meeting; (j) A resolution passed at a duly convened meeting by not less than 75% majority of such Owners present in person or by proxy and voting in proportion to the number of Undivided Shares (excluding the Undivided Shares allocated to the Common Areas) held at such meeting shall be binding upon on all the Owners of the damaged part(s)Estate or (as the case may be) the relevant part of the Estate PROVIDED as follows :- (i) the notice convening the meeting shall specify the intention to propose a resolution concerning such matter; (ii) any resolution purported to be passed at any such meeting concerning any other matter shall not be valid; (iii) no resolution shall be valid if it is contrary to the provisions of this Deed; (k) A resolution in writing signed by Owners who in the aggregate have vested in them for the time being more than 75% of the Undivided Shares (excluding the Undivided Shares allocated to the Common Areas and Facilities) or (as the case may be) the part thereof so affected in question (excluding the Undivided Shares allocated to the Common Areas and Facilities) shall be as valid and effectual as if it had been passed at a duly convened meeting of such Owners; (l) The accidental omission to give notice as aforesaid to any Owner shall not invalidate the meeting or any resolution passed thereat.

Extinguishment of Rights. In the event of the whole Development or any part of the Development thereof being so damaged by fire, typhoon, earthquake, subsidence or other causes rendering it cause so as to render the same substantially unfit for habitation or habitation, use or occupation, the Owners of not less than 75% of the Undivided Shares allocated to that the damaged part(s) part of the Development (excluding the Undivided Shares allocated to the Common Areas and Facilities) shall convene a meeting of to consider whether the Development should be reinstated or rebuilt and in the event the Owners in whom the right to exclusive use, occupation present and enjoyment of such part of the Development voting and such meeting may resolve by a seventy-five per cent (resolution of not less than 75%) majority % of the Owners present in person or by proxy holding not less than seventy-five per cent (75%) of the total Undivided Shares of such damaged part (excluding the Undivided Shares allocated to the Common Areas and Facilities) and voting that by reason of insufficiency of insurance money or changes in building law or and/or regulations or any other circumstances whatsoever, it is not practicable to reinstate or rebuild such part or parts of the Development then in such event all the Undivided Shares in the Lot representing such part of the Development (excluding the Undivided Shares allocated to the Common Areas and Facilities) shall be acquired by the Manager and the Owners of such Undivided Shares shall in such event be obliged to assign the same and all rights and appurtenances thereto to the Manager upon trust to forthwith dispose of the same by public auction or private treaty and to distribute the net proceeds of sale amongst the Owners of such the Undivided Shares (excluding the Undivided Shares allocated to the Common Areas and Facilities) in proportion to the respective number of Undivided Shares previously held by such former OwnersOwners (except the Manager) bears to the total number of Undivided Shares of the Development (less the Undivided Shares allocated to the Common Areas and Facilities). All insurance money received in respect of any policy of insurance on such part of the Development shall likewise be distributed amongst such former the Owners. In such event all the rights, privileges, obligations and covenants of such former the Owners under this Deed shall be extinguished so far as the same relate to such former Owners of the relevant part of the Development. PROVIDED ALWAYS THAT that if it is resolved to reinstate or rebuild such part the Development each Owner (excluding the Owner of the Development Undivided Shares allocated to the Owners of such part of the Development Common Areas and Facilities) shall pay the excess of the cost costs of reinstatement or rebuilding of the relevant such part of the Development damaged as aforesaid over and above the proceeds recoverable from the insurance of such part of the Development in proportion to the respective number of Undivided Shares held by them bears to the total number of Undivided Shares of the Development (less the Undivided Shares allocated to the Common Areas and Facilities) and that until such payment the same will become a charge upon their respective Undivided Shares allocated to the relevant part of the Development and be recoverable as a civil debt. The resolution is to be binding upon all the Owners of the damaged part(s).

Extinguishment of Rights. 8.1 In the event of the whole or any part of the Development being so damaged by fire, typhoon, earthquake, subsidence or other causes rendering it cause as to render the same substantially unfit for habitation or use or occupationuse, the Owners of not less than 75% of the Undivided Shares allocated to that damaged part(s) of the Development (excluding the Undivided Shares allocated to the Common Areas and Facilities) Manager shall convene a meeting of the Owners in whom of the right Undivided Shares allocated to exclusive use, occupation and enjoyment of such part of the Development that has been damaged (excluding the Owner of the Common Areas and Facilities Undivided Shares) and such meeting may resolve by a seventy-five per cent (75%) majority of the such Owners present in person or by proxy holding not less than seventy-five per cent (75%) of the total Undivided Shares of such damaged part (excluding the Undivided Shares allocated to the Common Areas and Facilities) and voting that by reason of insufficiency of insurance money or changes in building law or and/or regulations or any other circumstances whatsoever, it is not practicable to reinstate or rebuild such part of the Development then and in such event the Undivided Shares in the Lot representing allocated to such part of the Development (excluding the Common Areas and Facilities Undivided Shares) shall be acquired by the Manager and the Owners of such Undivided Shares shall in such event be obliged to assign the same and all rights and appurtenances thereto to the Manager upon trust to forthwith dispose of the same by public auction or private treaty such other means as the Manager may deem appropriate and to distribute the net proceeds of sale amongst the Owners of such Undivided Shares in proportion to the respective number of the Undivided Shares previously held by such former Owners. All insurance money received in respect of any policy of insurance on such part of the Development shall likewise be distributed amongst such former Owners. In such event all the rights, privileges, obligations and covenants of such former Owners under this Deed shall be extinguished so far as the same relate to such former Owners of the relevant part of the Development. PROVIDED ALWAYS THAT Provided always that if it is resolved to reinstate or rebuild such part of the Development the Owners of the Undivided Shares allocated to such part of the Development (excluding the Owner of the Common Areas and Facilities Undivided Shares) shall pay the excess of the cost of reinstatement or rebuilding of the relevant part of the Development damaged as aforesaid over and above the proceeds money recoverable from the insurance of such part of the Development in proportion to the respective number of the Undivided Shares held by them and that until such payment the same will become a charge upon their respective Undivided Shares allocated to the relevant part of the Development and be recoverable as a civil debt. 8.2 The following provisions shall apply to the meeting convened by the Manager as provided in Clause 8.1 :- (a) The Manager shall, at least seven (7) days before the date of the meeting, give notice of the meeting which shall be posted on the public notice boards of the Development. Such notice shall specify the date, time and place of the meeting. (b) The resolution quorum at the meeting shall be the Owners of seventy-five per cent (75%) of the Undivided Shares allocated to the damaged part of the Development (excluding the Owner of the Common Areas and Facilities Undivided Shares). (c) If within half an hour from the time appointed for the meeting a quorum is not present, the meeting shall stand adjourned to the same time and day in the next week at the same place, and if at such adjourned meeting a quorum be not present, the Owners of the Undivided Shares allocated to the damaged part of the Development present shall be deemed to constitute a quorum. (d) The meeting shall be presided over by the Manager. (e) The person presiding over the meeting shall cause to be kept a record of the persons present at the meeting and notes of the proceedings thereof. (f) A resolution put to the vote of the meeting shall be decided on a show of hands unless a poll is (before the declaration of the result of the show of hands) demanded by at least one Owner entitled to be present and present in person at the meeting. A poll, if demanded, shall be taken at such time and in such manner as the person presiding over the meeting shall direct. (g) An Owner entitled to be present shall have one vote in respect of each Undivided Share he owns. (h) Votes may be given either personally or by proxy. (i) Where two or more persons are the co-owners of an Undivided Share, the vote in respect of that Undivided Share may be cast :- (i) by a proxy jointly appointed by the co-owners; (ii) by a person appointed by the co-owners from amongst themselves; or (iii) if no appointment has been made under sub-paragraph (i) or (ii), either by one of the co-owners personally or by a proxy appointed by one of the co-owners. (j) Where two or more persons are the co-owners of an Undivided Share and more than one of the co-owners seeks to cast a vote in respect of that Undivided Share, only the vote that is cast, whether personally or by proxy, by the co- owner whose name, in order of priority, stands highest in relation to that Undivided Share in the register kept at the Land Registry shall be treated as valid. (k) In case of equality of votes the chairman of the meeting shall have a second or casting vote. (l) The instrument appointing a proxy shall be lodged with the Manager at least forty-eight (48) hours before the time for the holding of the meeting. (m) A proxy appointed by the Owner to attend and vote on behalf of the Owner shall, for the purposes of the meeting, be treated as the Owner present at the meeting. (n) The procedure at the meeting shall be as is determined by the Owners entitled to be present. (o) For the avoidance of doubt, there shall not be any vote attaching to the Common Areas and Facilities Undivided Shares and no Common Areas and Facilities Undivided Shares shall be taken into account for the purpose of calculating the quorum of any such meeting. (p) A resolution passed by a seventy-five per cent (75%) majority at a duly convened meeting by the Owners entitled to be present and present in person or by proxy shall be binding upon on all the Owners of the Undivided Shares allocated to the damaged part(s)part of the Development Provided that :- (i) the notice convening the meeting shall specify the intention to propose a resolution concerning such matter; (ii) no resolution purported to be passed at any such meeting concerning any matter not mentioned in such notice shall be valid; and (iii) no resolution shall be valid if it is contrary to the provisions of this Deed. (q) For the purpose of Clause 8.1 only, a resolution in writing signed by the Owners of not less than seventy-five per cent (75%) of the Undivided Shares allocated to the damaged part of the Development shall be as valid and effectual as if it had been passed at a duly convened meeting of such Owners.

Extinguishment of Rights. 9.1 In the event of the whole or any part of the Development being so damaged by fire, typhoon, earthquake, subsidence or other causes cause rendering it substantially unfit for habitation or use or occupation, the Owners of the Development holding in aggregate not less than 75% of the total number of Undivided Shares allocated to that damaged part(s) of the Development (excluding the Undivided Shares allocated to the Common Areas and Facilities) shall convene a meeting of the Owners in whom the right to exclusive use, occupation and enjoyment of such part of the Development and such meeting may resolve by a seventy-five per cent (75%) majority of the Owners present in person or by proxy holding not less than seventy-five per cent (75%) of the total number of Undivided Shares of such damaged part (excluding the Undivided Shares allocated to the Common Areas and Facilities) and voting that by reason of insufficiency of insurance money or changes in building law or regulations or any other circumstances whatsoever, it is not practicable to reinstate or rebuild such part of the Development then in such event the Undivided Shares in the Lot Land representing such part of the Development shall be acquired by the Manager and the Owners of such Undivided Shares shall in such event be obliged to assign the same and all rights and appurtenances thereto to the Manager upon trust to forthwith dispose of the same by public auction or private treaty and to distribute the net proceeds of sale amongst the Owners of such Undivided Shares in proportion to the respective number of Undivided Shares previously held by such former Owners. All insurance money received in respect of any policy of insurance on such part of the Development shall likewise be distributed amongst such former Owners. In such event all the rights, privileges, obligations and covenants of such former Owners under this Deed shall be extinguished so far as the same relate to such former Owners of the relevant part of the Development. PROVIDED ALWAYS THAT if it is resolved to reinstate or rebuild such part of the Development the Owners of such part of the Development shall pay the excess of the cost of reinstatement or rebuilding of the relevant part of the Development damaged as aforesaid over and above the proceeds recoverable from the insurance of such part of the Development in proportion to the respective number of Undivided Shares held by them and that until such payment the same will become a charge upon their respective Undivided Shares allocated to the relevant part of the Development and be recoverable as a civil debt. The resolution is to be binding upon all the Owners of the damaged part(s). 9.2 The following provisions shall apply to a meeting convened as provided in Clause 9.1 of this Deed:- (a) The person convening such meeting of the Owners shall, at least 14 days before the date of the meeting, give notice of the meeting to each Owner. Such notice of meeting shall specify:- (i) the date, time and place of the meeting; and (ii) the resolutions (if any) that are to be proposed at the meeting. (b) The notice of meeting referred to in sub-clause (a) shall be posted on the public notice boards of or a prominent place in the Development and if possible, may be given:- (i) by delivering it personally to the Owner; (ii) by sending it by post to the Owner at his last known address; or (iii) by leaving at the Owner's Unit or depositing it in the letter box for that Unit. (c) No business shall be transacted at any meeting unless a quorum is present when the meeting proceeds to business and Owners present in person or by proxy who in the aggregate have vested in them not less than seventy-five per cent (75%) of the total number of Undivided Shares of the part of the Development (excluding the Undivided Shares allocated to the Common Areas and Facilities) so affected in question shall be a quorum. (d) If within half an hour from the time appointed for the meeting a quorum is not present, the meeting shall stand adjourned to the same time and day in the next week at the same place. (e) The chairman of the Owners' Committee or the person convening such meeting shall be the chairman of the meeting. (f) The chairman shall cause a record to be kept of the persons present at the meeting and notes of the proceedings thereof. (g) At such meeting of the Owners:- (i) an Owner shall have one vote in respect of each Undivided Share he owns; (ii) an Owner may cast a vote personally or by proxy; (iii) where 2 or more persons are the co-Owners of an Undivided Share, the vote in respect of that Undivided Share may be cast:- (1) by a proxy jointly appointed by the co-Owners; (2) by a person appointed by the co-Owners from among themselves; or (3) if no appointment is made under this sub-clause (g)(iii)(1) or (2), either by one of the co-Owners personally or by a proxy appointed by one of the co-Owners. (iv) where 2 or more persons are the co-Owners of an Undivided Share, and more than one of the co-Owners seeks to cast a vote in respect of the Undivided Share, only the vote that is cast, whether personally or by proxy, by the co-Owner whose name, in order of priority, stands highest in relation to that Undivided Share in the register kept at the Land Register shall be treated as valid; and (v) if there is an equality of votes, the person presiding over the meeting shall have, in addition to a deliberative vote, a casting vote. (i) An instrument appointing a proxy shall be in the form set out in Form 1 in Schedule 1A to the Building Management Ordinance, and (1) shall be signed by the Owner; or (2) if the Owner is a body corporate, shall notwithstanding anything to the contrary in its constitution, be impressed with the seal or chop of the body corporate and signed by a person authorized by the body corporate in that behalf. (ii) The instrument appointing a proxy shall be lodged with the chairman of the Owners' Committee or the person convening the meeting at least 48 hours before the time for the holding of the meeting. (iii) A proxy appointed by an Owner to attend and vote on behalf of the Owner shall, for the purposes of the meeting, be treated as being the Owner present at that meeting. (i) A resolution passed at a duly convened meeting by Owners present in person or by proxy holding not less than seventy-five per cent (75%) of the total number of Undivided Shares allocated to the damaged part(s) of the Development (excluding the Undivided Shares allocated to the Common Areas and Facilities) shall be binding on all the Owners of the relevant part of the Development PROVIDED as follows:- (i) the notice convening the meeting shall specify the intention to propose a resolution concerning such matter; (ii) any resolution purported to be passed at any such meeting concerning any other matter shall not be valid; (iii) no resolution shall be valid if it is contrary to the provisions of this Deed. (j) The accidental omission to give notice as aforesaid to any Owner shall not invalidate the meeting or any resolution passed thereat. 9.3 For the avoidance of doubt, the provisions in Clause 8 hereof do not apply to a meeting convened as provided in Clause 9.1 hereof.

Extinguishment of Rights. 9.1 In the event of the whole or any part of the Development being so damaged by fire, typhoon, earthquake, subsidence or other causes cause rendering it substantially unfit for habitation or use or occupation, (a) the Owners' Committee (b) the Manager or (c) the Owners of the Development holding not less than 75% of the Undivided Shares allocated to that damaged part(s) of the Development (excluding the Undivided Shares allocated to the Common Areas and Facilities) shall convene a meeting of the Owners in whom the right to exclusive use, occupation and enjoyment of such part of the Development and such meeting may resolve by a seventy-five per cent (75%) majority of the Owners present in person or by proxy holding not less than seventy-five per cent (75%) of the total Undivided Shares of such damaged part (excluding the Undivided Shares allocated to the Common Areas and Facilities) and voting that by reason of insufficiency of insurance money or changes in building law or regulations or any other circumstances whatsoever, it is not practicable to reinstate or rebuild such part of the Development then in such event the Undivided Shares in the Lot Land representing such part of the Development shall be acquired by the Manager and the Owners of such Undivided Shares shall in such event be obliged to assign the same and all rights and appurtenances thereto to the Manager upon trust to forthwith dispose of the same by public auction or private treaty and to distribute the net proceeds of sale amongst the Owners of such Undivided Shares in proportion to the respective number of Undivided Shares previously held by such former Owners. All insurance money received in respect of any policy of insurance on such part of the Development shall likewise be distributed amongst such former Owners. In such event all the rights, privileges, obligations and covenants of such former Owners under this Deed shall be extinguished so far as the same relate to such former Owners of the relevant part of the Development. PROVIDED ALWAYS THAT if it is resolved to reinstate or rebuild such part of the Development the Owners of such part of the Development shall pay the excess of the cost of reinstatement or rebuilding of the relevant part of the Development damaged as aforesaid over and above the proceeds recoverable from the insurance of such part of the Development in proportion to the respective number of Undivided Shares held by them and that until such payment the same will become a charge upon their respective Undivided Shares allocated to the relevant part of the Development and be recoverable as a civil debt. The resolution is to be binding upon all the Owners of the damaged part(s). 9.2 The following provisions shall apply to a meeting convened as provided in Clause 9.1 hereof :- (a) The person convening such meeting of the Owners shall, at least 14 days before the date of the meeting, give notice of the meeting to each Owner. Such notice of meeting shall specify: (i) the date, time and place of the meeting; and (ii) the resolutions (if any) that are to be proposed at the meeting. (b) The notice of meeting referred to in sub-clause (a) shall be posted on the public notice boards of or a prominent place in the Development and if possible, may be given : (i) by delivering it personally to the Owner; (ii) by sending it by post to the Owner at his last known address; or (iii) by leaving at the Owner's Unit or depositing it in the letter box for that Unit. (c) No business shall be transacted at any meeting unless a quorum is present when the meeting proceeds to business and Owners present in person or by proxy who in the aggregate have vested in them not less than seventy-five per cent (75%) of the total number of Undivided Shares of the part of the Development (excluding the Undivided Shares allocated to the Common Areas and Facilities) so affected in question shall be a quorum. (d) If within half an hour from the time appointed for the meeting a quorum is not present the meeting shall stand adjourned to the same time and day in the next week at the same place, and if at such adjourned meeting a quorum be not present the Owners present shall be deemed to constitute a quorum. (e) The Chairman of the Owners' Committee or the person convening such meeting shall be the chairman of the meeting. (f) The chairman shall cause a record to be kept of the persons present at the meeting and notes of the proceedings thereof. (g) At such meeting of the Owners : (i) an Owner shall have one vote in respect of each Undivided Share he owns; (ii) an Owner may cast a vote personally or by proxy; (iii) where 2 or more persons are the co-Owners of an Undivided Share, the vote in respect of that Undivided Share may be cast : (1) by a proxy jointly appointed by the co-Owners; (2) by a person appointed by the co-Owners from among themselves; or (3) if no appointment is made under this sub-clause (g)(iii)(1) or (2), either by one of the co-Owners personally or by a proxy appointed by one of the co-Owners. (iv) where 2 or more persons are the co-Owners of an Undivided Share, and more than one of the co-Owners seeks to cast a vote in respect of the Undivided Share, only the vote that is cast, whether personally or by proxy, by the co-Owner whose name, in order of priority, stands highest in relation to that Undivided Share in the register kept at the Land Register shall be treated as valid; and (v) if there is an equality of votes, the person presiding over the meeting shall have, in addition to a deliberative vote, a casting vote. (i) An instrument appointing a proxy shall be in the form set out in Form 1 in Schedule 1A to the Building Management Ordinance, and (1) shall be signed by the Owner; or (2) if the Owner is a body corporate, shall notwithstanding anything to the contrary in its constitution, be impressed with the seal or chop of the body corporate and signed by a person authorized by the body corporate in that behalf. (ii) The instrument appointing a proxy shall be lodged with the chairman of the Owners' Committee or the person convening the meeting at least 48 hours before the time for the holding of the meeting. (iii) A proxy appointed by an Owner to attend and vote on behalf of the Owner shall, for the purposes of the meeting, be treated as being the Owner present at that meeting. (i) A resolution passed at a duly convened meeting by a seventy-five per cent (75%) majority of votes of such Owners present in person or by proxy and voting in proportion to the number of Undivided Shares in the relevant part of the Development so affected in question (excluding the Undivided Shares allocated to the Common Areas and Facilities) held at such meeting shall be binding on all the Owners of the Development or (as the case may be) the relevant part of the Development PROVIDED as follows:- (i) the notice convening the meeting shall specify the intention to propose a resolution concerning such matter; (ii) any resolution purported to be passed at any such meeting concerning any other matter shall not be valid; (iii) no resolution shall be valid if it is contrary to the provisions of this Deed. (j) A resolution in writing signed by Owners who in the aggregate have vested in them for the time being not less than seventy-five per cent (75%) of the Undivided Shares allocated to the part of the Development so affected in question (excluding the Undivided Shares allocated to the Common Areas and Facilities) shall be as valid and effectual as if it had been passed at a duly convened meeting of such Owners. (k) The accidental omission to give notice as aforesaid to any Owner shall not invalidate the meeting or any resolution passed thereat.

Extinguishment of Rights. 9.1 In the event of the whole or any part of the Development being so damaged by fire, typhoon, earthquake, subsidence or other causes cause rendering it substantially unfit for use or habitation or use or occupation, the Owners of holding not less than 75% of the Undivided Shares allocated to that damaged part(s) of the Development (excluding the Undivided Shares allocated to the Common Areas and Facilities) shall may convene a meeting of the Owners in whom the right to exclusive use, occupation and enjoyment of such part of the Development and such meeting may resolve decide by a seventy-five per cent (resolution of not less than 75%) majority % of the Owners present in person or by proxy holding and voting in the meeting whether or not to rebuild or reinstate the damaged part(s) of the Development. The resolution is to be binding upon all the Owners of the damaged part(s) of the Development. 9.2 The following provisions shall apply to a meeting convened as provided in Clause 9.1 hereof :- (a) The person convening such meeting of the Owners shall, at least 14 days before the date of the meeting, give notice of the meeting to each Owner. Such notice of meeting shall specify: (i) the date, time and place of the meeting; and (ii) the resolutions (if any) that are to be proposed at the meeting. (b) The notice of meeting referred to in sub-clause (a) above shall be posted on the public notice boards of or a prominent place in the Development and if possible, may be given : (i) by delivering it personally to the Owner; (ii) by sending it by post to the Owner at his last known address; or (iii) by leaving at the Owner’s Unit or depositing it in the letter box for that Unit. (c) No business shall be transacted at any meeting unless a quorum is present when the meeting proceeds to business and the Owners present in person or by proxy who in the aggregate have vested in them not less than seventy-five per cent (75%) of the total number of Undivided Shares of such the damaged part part(s) of the Development (excluding the Undivided Shares allocated to the Common Areas and Facilities) and voting that by reason of insufficiency of insurance money or changes in building law or regulations or any other circumstances whatsoever, it is not practicable to reinstate or rebuild such part shall be a quorum. (d) The chairman of the Development then in Owners’ Committee or the person convening such event meeting shall be the Undivided Shares chairman of the meeting. (e) The chairman shall cause a record to be kept of the persons present at the meeting and notes of the proceedings thereof. (f) At such meeting of the Owners, an Owner may cast a vote personally or by proxy. (i) An instrument appointing a proxy shall be in the Lot representing such part form set out in Form 1 in Schedule 1A to the Building Management Ordinance, and (1) shall be signed by the Owner; or (2) if the Owner is a body corporate, shall notwithstanding anything to the contrary in its constitution, be impressed with the seal or chop of the Development body corporate and signed by a person authorized by the body corporate in that behalf. (ii) The instrument appointing a proxy shall be acquired by lodged with the Manager and the Owners of such Undivided Shares shall in such event be obliged to assign the same and all rights and appurtenances thereto to the Manager upon trust to forthwith dispose chairman of the same by public auction Owners’ Committee or private treaty and to distribute the net proceeds of sale amongst person convening the Owners of such Undivided Shares in proportion to meeting at least 48 hours before the respective number of Undivided Shares previously held by such former Owners. All insurance money received in respect of any policy of insurance on such part time for the holding of the Development shall likewise be distributed amongst such former Owners. In such event all the rights, privileges, obligations meeting. (iii) A proxy appointed by an Owner to attend and covenants of such former Owners under this Deed shall be extinguished so far as the same relate to such former Owners vote on behalf of the relevant part Owner shall, for the purposes of the Development. PROVIDED ALWAYS THAT if it is resolved to reinstate or rebuild such part of meeting, be treated as being the Development the Owners of such part of the Development shall pay the excess of the cost of reinstatement or rebuilding of the relevant part of the Development damaged as aforesaid over and above the proceeds recoverable from the insurance of such part of the Development in proportion to the respective number of Undivided Shares held by them and Owner present at that until such payment the same will become a charge upon their respective Undivided Shares allocated to the relevant part of the Development and be recoverable as a civil debt. The resolution is to be binding upon all the Owners of the damaged part(s)meeting.

Extinguishment of Rights. 9.1 In the event of the whole or any part of the Development being so damaged by fire, typhoon, earthquake, subsidence or other causes cause rendering it substantially unfit for habitation or use or occupation, the Owners of holding not less than seventy-five per cent (75% %) of the Undivided Shares allocated to that damaged part(s) of the Development (excluding the Undivided Shares allocated to the Common Areas and Facilities) shall may convene a meeting of the Owners in whom the right to exclusive use, occupation and enjoyment of such part of the Development and such meeting may resolve by a seventy-five per cent (75%) majority resolution of the Owners present in person or by proxy holding not less than seventy-five per cent (75%) of the total Undivided Shares Owners present in person or by proxy at such meeting whether or not to rebuild or reinstate the damaged part(s) of such damaged part (excluding the Undivided Shares allocated to Development and in the Common Areas and Facilities) and event the result of voting is that by reason of insufficiency of insurance money or changes in building law or regulations or any other circumstances whatsoever, it is not practicable to reinstate or rebuild such part of the Development then in such event the Undivided Shares in the Lot Land representing such part of the Development shall be acquired by the Manager and the Owners of such Undivided Shares shall in such event be obliged to assign the same and all rights and appurtenances thereto to the Manager upon trust to forthwith dispose of the same by public auction or private treaty and to distribute the net proceeds of sale amongst the Owners of such Undivided Shares in proportion to the respective number of Undivided Shares previously held by such former Owners. All insurance money received in respect of any policy of insurance on such part of the Development shall likewise be distributed amongst such former Owners. In such event all the rights, privileges, obligations and covenants of such former Owners under this Deed shall be extinguished so far as the same relate to such former Owners of the relevant part of the Development. PROVIDED ALWAYS THAT if it is resolved to reinstate or rebuild such part of the Development the Owners of such part of the Development shall pay the excess of the cost of reinstatement or rebuilding of the relevant part of the Development damaged as aforesaid over and above the proceeds recoverable from the insurance of such part of the Development in proportion to the respective number of Undivided Shares held by them and that until such payment the same will become a charge upon their respective Undivided Shares allocated to the relevant part of the Development and be recoverable as a civil debt. The resolution is to be binding upon all the Owners of the damaged part(s). 9.2 The following provisions shall apply to a meeting convened as provided in Clause 9.1 of Section IX:- (a) The person convening such meeting of the Owners shall, at least fourteen (14) days before the date of the meeting, give notice of the meeting to each Owner. Such notice of meeting shall specify:- (i) the date, time and place of the meeting; and (ii) the resolutions (if any) that are to be proposed at the meeting. (b) The notice of meeting referred to in sub-clause (a) of Clause 9.2 of Section IX shall be posted on the public notice boards of or a prominent place in the Development and if possible, may be given:- (i) by delivering it personally to the Owner; (ii) by sending it by post to the Owner at his last known address; or (iii) by leaving at the Owner's Unit or depositing it in the letter box for that Unit. (c) No business shall be transacted at any meeting unless a quorum is present when the meeting proceeds to business and Owners present in person or by proxy who in the aggregate have vested in them not less than seventy-five per cent (75%) of the total number of Undivided Shares of the part of the Development (excluding the Undivided Shares allocated to the Common Areas and Facilities) so affected in question shall be a quorum. (d) If within half an hour from the time appointed for the meeting a quorum is not present the meeting shall stand adjourned to the same time and day in the next week at the same place and in such case, notices of such adjourned meeting shall be served to the Owners in accordance with sub-clause (b) of this Clause 9.2 of Section IX. (e) The chairman of the meeting shall be:- (i) the chairman of the Owners' Committee (only if the chairman of the Owners' Committee is an Owner holding Undivided Shares allocated to the relevant damaged part); or (ii) in the absence of the chairman of the Owners' Committee, the person elected and/or appointed by Owners present at the meeting. (f) The chairman shall cause a record to be kept of the persons present at the meeting and notes of the proceedings thereof. (g) At such meeting of the Owners:- (i) an Owner shall have one vote in respect of each Undivided Share he owns; (ii) an Owner may cast a vote personally or by proxy; (iii) where two (2) or more persons are the co-Owners of an Undivided Share, the vote in respect of that Undivided Share may be cast:- (1) by a proxy jointly appointed by the co-Owners; (2) by a person appointed by the co-Owners from among themselves; or (3) if no appointment is made under this sub-clause (g)(iii)(1) or (2) of Clause 9.2 of Section IX, either by one of the co-Owners personally or by a proxy appointed by one of the co-Owners. (iv) where two (2) or more persons are the co-Owners of an Undivided Share, and more than one of the co-Owners seeks to cast a vote in respect of the Undivided Share, only the vote that is cast, whether personally or by proxy, by the co-Owner whose name, in order of priority, stands highest in relation to that Undivided Share in the register kept at the Land Register shall be treated as valid; and (v) if there is an equality of votes, the person presiding over the meeting shall have, in addition to a deliberative vote, a casting vote. (i) An instrument appointing a proxy shall be in the form set out in Form 1 in Schedule 1A to the Building Management Ordinance, and (1) shall be signed by the Owner; or (2) if the Owner is a body corporate, shall notwithstanding anything to the contrary in its constitution, be impressed with the seal or chop of the body corporate and signed by a person authorized by the body corporate in that behalf. (ii) The instrument appointing a proxy shall be lodged with:- (1) if the chairman of the Owners' Committee is an Owner holding Undivided Shares allocated to the relevant damaged part, the chairman of the Owners' Committee; or (2) in any other cases, the person convening the meeting at least forty-eight (48) hours before the time for the holding of the meeting. (iii) A proxy appointed by an Owner to attend and vote on behalf of the Owner shall, for the purposes of the meeting, be treated as being the Owner present at that meeting. (i) A resolution passed at a duly convened meeting by not less than seventy-five per cent (75%) of those Owners present at such meeting shall be binding on all the Owners of the Development or (as the case may be) the relevant part of the Development PROVIDED as follows:- (i) the notice convening the meeting shall specify the intention to propose a resolution concerning such matter; (ii) any resolution purported to be passed at any such meeting concerning any other matter shall not be valid; (iii) no resolution shall be valid if it is contrary to the provisions of this Deed. 9.3 For the avoidance of doubt, the provisions in Clause 8 of Section VIII do not apply to a meeting convened as provided in Clause 9.1 of Section IX.

Extinguishment of Rights. In the event of the whole Development or any part of the Development thereof being so damaged by fire, typhoon, earthquake, subsidence or other causes rendering it substantially cause so as to render the same unfit for habitation or use use, the Manager or occupation, the Owners' Committee or the Owners of not less than 75% of the Undivided Shares allocated to that the damaged part(s) part of the Development (excluding the Undivided Shares allocated to the Common Areas and Facilities) shall convene a meeting of the Owners in whom the right to exclusive use, occupation and enjoyment of such part of the Development or (as the case may be) the part thereof so affected and such meeting may resolve by a seventy-five per cent (75%) majority resolution of the Owners present in person or by proxy holding not less than seventy-five per cent (75%) % of those present at the meeting whether or not to rebuild or reinstate the damaged part of the total Undivided Shares of such damaged part (excluding the Undivided Shares allocated to the Common Areas and Facilities) and voting Development so affected. If it shall be resolved that by reason of insufficiency of insurance money or changes in building law or and/or regulations or any other circumstances whatsoever, it is not practicable to reinstate or rebuild such part of the Development or (as the case may be) the part thereof so affected then in such event the Undivided Shares in the Lot representing such part and of the Development or (as the case may be) the part thereof so affected shall be acquired by the Manager and the Owners of such Undivided Shares shall in such event be obliged to assign the same and all rights and appurtenances thereto to the Manager upon trust to forthwith dispose of the same by public auction or private treaty and to distribute the net proceeds of sale amongst the Owners of such Undivided Shares in proportion to the respective number of Undivided Shares previously held by such former Owners. All insurance money received in respect of any policy of insurance on such part of the Development or (as the case may be) the part thereof so affected shall likewise be distributed amongst such former Owners. In such event all the rights, privileges, obligations and covenants of such former Owners under this Deed shall be extinguished so far as the same relate to such former Owners of the relevant part of the Development. PROVIDED ALWAYS THAT if it is resolved by a resolution of not less than 75% of those present at the meeting to reinstate or rebuild such the Development or (as the case may be) the part thereof so affected the Owners of the Development or (as the Owners of such case may be) the part of the Development thereof so affected shall pay the excess of the cost of reinstatement or rebuilding of the Development or the relevant part of the Development thereof damaged as aforesaid over and above the proceeds recoverable from the insurance of such part of the Development or (as the case may be) the part thereof so affected in proportion to the respective number of Undivided Shares held by them and that until such payment the same will become a charge upon their respective Undivided Shares allocated to the Development or the relevant part of the Development thereof and be recoverable as a civil debt. The resolution is to be binding upon all the Owners of the damaged part(s).

Extinguishment of Rights. 9.1 In the event of the whole or any part of the Development being so damaged by fire, typhoon, earthquake, subsidence or other causes rendering it substantially unfit for use, habitation or use or occupation, (a) the Owners’ Committee (b) the Manager or (c) the Owners of the Development holding not less than 75% of the Undivided Shares allocated to that damaged part(s) of the Development (excluding the Undivided Shares allocated to the Common Areas and Facilities) shall convene a meeting of the Owners in whom the right to exclusive use, occupation and enjoyment of such part damaged part(s) of the Development and such meeting may resolve by a seventy-five per cent (75%) % majority of the Owners present in person or by proxy holding not less than seventy-five per cent (75%) % of the total Undivided Shares of such damaged part part(s) (excluding the Undivided Shares allocated to the Common Areas and Facilities) and voting that by reason of insufficiency of insurance money or changes in building law or regulations or any other circumstances whatsoever, it is not practicable to reinstate or rebuild such part damaged part(s) of the Development then in such event event, the Undivided Shares in the Lot representing such part damaged part(s) of the Development shall be acquired by the Manager and the Owners of such Undivided Shares shall in such event be obliged to assign the same and all rights and appurtenances thereto to the Manager upon trust to forthwith dispose of the same by public auction or private treaty and to distribute the net proceeds of sale amongst the Owners of such Undivided Shares in proportion to the respective number of Undivided Shares previously held by such former Owners. All insurance money received in respect of any policy of insurance on such part damaged part(s) of the Development shall likewise be distributed amongst such former Owners. In such event all the rights, privileges, obligations and covenants of such former Owners under this Deed shall be extinguished so far as the same relate to such former Owners of the relevant part damaged part(s) of the Development. PROVIDED ALWAYS THAT if it is resolved to reinstate or rebuild such part damaged part(s) of the Development Development, the Owners of such part damaged part(s) of the Development shall pay the excess of the cost of reinstatement or rebuilding of the relevant part damaged part(s) of the Development damaged as aforesaid over and above the proceeds recoverable from the insurance of such part damaged part(s) of the Development in proportion to the respective number of Undivided Shares held by them and that until such payment the same will become a charge upon their respective Undivided Shares allocated to the relevant part damaged part(s) of the Development and be recoverable as a civil debt. The resolution is to be binding upon all the Owners of the damaged part(s) of the Development. 9.2 The following provisions shall apply to a meeting convened as provided in Clause 9.1 above:- (a) The person convening such meeting of the Owners shall, at least 14 days before the date of the meeting, give notice of the meeting to each Owner. Such notice of meeting shall specify:- (i) the date, time and place of the meeting; and (ii) the resolutions (if any) that are to be proposed at the meeting. (b) The notice of meeting referred to in sub-clause (a) shall be posted on the public notice boards of or a prominent place in the Development and if possible, may be given:- (i) by delivering it personally to the Owner; (ii) by sending it by post to the Owner at his last known address; or (iii) by leaving at the Owner’s Unit or depositing it in the letter box for that Unit. (c) No business shall be transacted at any meeting unless a quorum is present when the meeting proceeds to business and Owners present in person or by proxy who in the aggregate have vested in them not less than 75% of the total number of Undivided Shares of the damaged part(s) of the Development (excluding the Undivided Shares allocated to the Common Areas and Facilities) in question shall be a quorum. (d) If within half an hour from the time appointed for the meeting a quorum is not present the meeting shall stand adjourned to the same time and day in the following week at the same place. (e) The Chairman of the Owners’ Committee or the person convening such meeting shall be the chairman of the meeting. (f) The chairman shall cause a record to be kept of the persons present at the meeting and notes of the proceedings thereof. (g) At such meeting of the Owners convened as provided in Clause 9.1 above:- (i) an Owner shall have one vote in respect of each Undivided Share he owns; (ii) an Owner may cast a vote personally or by proxy; (iii) where 2 or more persons are the co-Owners of an Undivided Share, the vote in respect of that Undivided Share may be cast:- (A) by a proxy jointly appointed by the co-Owners; (B) by a person appointed by the co-Owners from among themselves; or (C) if no appointment is made under this sub-clause (g)(iii)(A) or (B), either by one of the co-Owners personally or by a proxy appointed by one of the co-Owners. (iv) where 2 or more persons are the co-Owners of an Undivided Share, and more than one of the co-Owners seeks to cast a vote in respect of the Undivided Share, only the vote that is cast, whether personally or by proxy, by the co-Owner whose name, in order of priority, stands highest in relation to that Undivided Share in the register kept at the Land Registry shall be treated as valid; and (v) if there is an equality of votes, the person presiding over the meeting shall have, in addition to a deliberative vote, a casting vote. (i) An instrument appointing a proxy shall be in the form set out in Form 1 in Schedule 1A to the Building Management Ordinance, and (A) shall be signed by the Owner; or (B) if the Owner is a body corporate, shall notwithstanding anything to the contrary in its constitution, be impressed with the seal or chop of the body corporate and signed by a person authorized by the body corporate in that behalf. (ii) The instrument appointing a proxy shall be lodged with the chairman of the Owners’ Committee or the person convening the meeting at least 48 hours before the time for the holding of the meeting. (iii) A proxy appointed by an Owner to attend and vote on behalf of the Owner shall, for the purposes of the meeting, be treated as being the Owner present at that meeting. (i) A resolution passed at a duly convened meeting by a 75% majority of the Owners present in person or by proxy and voting in proportion to the number of Undivided Shares in the damaged part(s) of the Development in question (excluding the Undivided Shares allocated to the Common Areas and Facilities) held at such meeting shall be binding on all the Owners of the damaged part(s) of the Development in question PROVIDED THAT:- (i) the notice convening the meeting shall specify the intention to propose a resolution concerning such matter; (ii) any resolution purported to be passed at any such meeting concerning any other matter shall not be valid; (iii) no resolution shall be valid if it is contrary to the provisions of this Deed. (j) A resolution in writing signed by Owners who in the aggregate have vested in them for the time being not less than 75% of the Undivided Shares allocated to the damaged part(s) of the Development in question (excluding the Undivided Shares allocated to the Common Areas and Facilities) shall be as valid and effectual as if it had been passed at a duly convened meeting of such Owners. (k) The accidental omission to give notice as aforesaid to any Owner shall not invalidate the meeting or any resolution passed thereat.

Extinguishment of Rights. In the event of the whole Estate or any part of the Development thereof being so damaged by fire, typhoon, earthquake, subsidence or other causes rendering it substantially cause so as to render the same unfit for habitation or use use, the Manager or occupation, the Owners' Committee or the Owners of not less than 75% of the Undivided Shares allocated to that the damaged part(s) part of the Development Estate (excluding the Undivided Shares allocated to the Common Areas and Facilities) shall convene a meeting of the Owners in whom the right to exclusive use, occupation and enjoyment of such part of the Development Estate or (as the case may be) the part thereof so affected and such meeting may resolve by a seventy-five per cent (75%) majority of the Owners present in person or by proxy holding not less than seventy-five per cent (75%) of the total % majority Undivided Shares of such damaged part Owners present and voting in proportion to the number of Undivided Shares (excluding the Undivided Shares allocated to the Common Areas and Facilities) and voting held at such meeting whether or not to rebuild or reinstate the damaged part of the Estate so affected. If it shall be resolved that by reason of insufficiency of insurance money or changes in building law or and/or regulations or any other circumstances whatsoever, it is not practicable to reinstate or rebuild such the Estate or (as the case may be) the part of the Development thereof so affected then in such event the Undivided Shares in the Lot representing such part and of the Development Estate or (as the case may be) the part thereof so affected shall be acquired by the Manager and the Owners of such Undivided Shares shall in such event be obliged to assign the same and all rights and appurtenances thereto to the Manager upon trust to forthwith dispose of the same by public auction or private treaty and to distribute the net proceeds of sale amongst the Owners of such Undivided Shares in proportion to the respective number of Undivided Shares previously held by such former Owners. All insurance money received in respect of any policy of insurance on such the Estate or (as the case may be) the part of the Development thereof so affected shall likewise be distributed amongst such former Owners. In such event all the rights, privileges, obligations and covenants of such former Owners under this Deed shall be extinguished so far as the same relate to such former Owners of the relevant part of the Development. PROVIDED ALWAYS THAT if it is resolved by not less than 75% majority of such Owners present and voting in proportion to the number of Undivided Shares (excluding the Undivided Shares allocated to the Common Areas and Facilities) held at such meeting to reinstate or rebuild such the Estate or (as the case may be) the part of the Development thereof so affected the Owners of such the Estate or (as the case may be) the part of the Development thereof so affected shall pay the excess of the cost of reinstatement or rebuilding of the Estate or the relevant part of the Development thereof damaged as aforesaid over and above the proceeds recoverable from the insurance of such the Estate or (as the case may be) the part of the Development thereof so affected in proportion to the respective number of Undivided Shares held by them and that until such payment the same will become a charge upon their respective Undivided Shares allocated to the Estate or the relevant part of the Development thereof and be recoverable as a civil debt. The resolution is to be binding upon all the Owners of the damaged part(s).

Extinguishment of Rights. 9.1 In the event of the whole or any part of the Development being so damaged by fire, typhoon, earthquake, subsidence or other causes cause rendering it substantially unfit for habitation or use or occupation, the Owners of the Development holding not less than 75% of the Undivided Shares allocated to that damaged part(s) of the Development (excluding the Undivided Shares allocated to the Common Areas and Facilities) shall may convene a meeting of the Owners in whom the right to exclusive use, occupation and enjoyment of such part of the Development and such meeting may resolve by a seventy-five per cent (not less than 75%) majority % of the Owners present in person or by proxy holding not less than seventy-five per cent (75%) of the total Undivided Shares of such damaged part (excluding the Undivided Shares allocated to the Common Areas and Facilities) and voting that by reason of insufficiency of insurance money or changes in building law or regulations or any other circumstances whatsoever, it is not practicable to reinstate or rebuild such part of the Development then in such event the Undivided Shares in the Lot Land representing such part of the Development shall be acquired by the Manager and the Owners of such Undivided Shares shall in such event be obliged to assign the same and all rights and appurtenances thereto to the Manager upon trust to forthwith dispose of the same by public auction or private treaty and to distribute the net proceeds of sale amongst the Owners of such Undivided Shares in proportion to the respective number of Undivided Shares previously held by such former Owners. All insurance money received in respect of any policy of insurance on such part of the Development shall likewise be distributed amongst such former Owners. In such event all the rights, privileges, obligations and covenants of such former Owners under this Deed shall be extinguished so far as the same relate to such former Owners of the relevant part of the Development. PROVIDED ALWAYS THAT if it is resolved to reinstate or rebuild such part of the Development the Owners of such part of the Development shall pay the excess of the cost of reinstatement or rebuilding of the relevant part of the Development damaged as aforesaid over and above the proceeds recoverable from the insurance of such part of the Development in proportion to the respective number of Undivided Shares held by them and that until such payment the same will become a charge upon their respective Undivided Shares allocated to the relevant part of the Development and be recoverable as a civil debt. The resolution is to be binding upon all the Owners of the damaged part(s). 9.2 The following provisions shall apply to a meeting convened as provided in Clause 9.1 hereof :- (a) The person convening such meeting of the Owners shall, at least 14 days before the date of the meeting, give notice of the meeting to each Owner. Such notice of meeting shall specify: (i) the date, time and place of the meeting; and (ii) the resolutions (if any) that are to be proposed at the meeting. (b) The notice of meeting referred to in sub-clause (a) above shall be posted on the public notice boards of or a prominent place in the Development and if possible, may be given : (i) by delivering it personally to the Owner; (ii) by sending it by post to the Owner at his last known address; or (iii) by leaving at the Owner’s Unit or depositing it in the letter box for that Unit. (c) No business shall be transacted at any meeting unless a quorum is present when the meeting proceeds to business and the Owners present in person or by proxy who in the aggregate have vested in them not less than seventy-five per cent (75%) of the total number of Undivided Shares of the part of the Development (excluding the Undivided Shares allocated to the Common Areas and Facilities) so affected in question shall be a quorum. (d) The Chairman of the Owners’ Committee or the person convening such meeting shall be the chairman of the meeting. (e) The chairman shall cause a record to be kept of the persons present at the meeting and notes of the proceedings thereof. (f) At such meeting of the Owners, an Owner may cast a vote personally or by proxy. (i) An instrument appointing a proxy shall be in the form set out in Form 1 in Schedule 1A to the Building Management Ordinance, and (1) shall be signed by the Owner; or (2) if the Owner is a body corporate, shall notwithstanding anything to the contrary in its constitution, be impressed with the seal or chop of the body corporate and signed by a person authorized by the body corporate in that behalf. (ii) The instrument appointing a proxy shall be lodged with the chairman of the Owners’ Committee or the person convening the meeting at least 48 hours before the time for the holding of the meeting. (iii) A proxy appointed by an Owner to attend and vote on behalf of the Owner shall, for the purposes of the meeting, be treated as being the Owner present at that meeting. (h) A resolution passed at a duly convened meeting by not less than 75% of the Owners present in person or by proxy shall be binding on all the Owners of the Development or (as the case may be) the relevant part of the Development PROVIDED as follows:- (i) the notice convening the meeting shall specify the intention to propose a resolution concerning such matter; (ii) any resolution purported to be passed at any such meeting concerning any other matter shall not be valid; (iii) no resolution shall be valid if it is contrary to the provisions of this Deed. (i) The accidental omission to give notice as aforesaid to any Owner shall not invalidate the meeting or any resolution passed thereat.

Extinguishment of Rights. 60. In the event of the whole Estate or any part of the Development thereof being so damaged by fire, typhoon, earthquake, subsidence or other causes rendering it substantially cause so as to render the same unfit for habitation or use or occupationuse, the Manager or the Owners' Committee or those Owners of who in aggregate have vested in them for the time being not less than 75% of the total number of Undivided Shares allocated to that damaged part(s) of the Development part thereof as affected (excluding the Undivided Shares allocated to the Common Areas and Facilities) shall convene a meeting of the Owners in whom the right to exclusive use, occupation and enjoyment of such part of the Development Estate or (as the case may be) the part thereof so affected and such meeting may resolve by a seventy-five per cent (75%) majority of the Owners present in person or by proxy holding not less than seventy-five per cent (75%) of the total % majority Undivided Shares of such damaged part Owners present and voting in proportion to the number of Undivided Shares (excluding the Undivided Shares allocated to the Common Areas and Facilities) and voting held at such meeting whether or not to rebuild or reinstate the damaged part of the Estate so affected. If it shall be resolved that by reason of insufficiency of insurance money or changes in building law or and/or regulations or any other circumstances whatsoever, it is not practicable to reinstate or rebuild such the Estate or (as the case may be) the part of the Development thereof so affected then in such event the Undivided Shares in the Lot representing such part and of the Development Estate or (as the case may be) the part thereof so affected shall be acquired by the Manager and the Owners of such Undivided Shares shall in such event be obliged to assign the same and all rights and appurtenances thereto to the Manager upon trust to forthwith dispose of the same by public auction or private treaty tr eaty and to distribute the net proceeds of sale amongst the Owners of such Undivided Shares in proportion to the respective number of Undivided Shares previously held by such former Owners. All insurance money received in respect of any policy of insurance on such the Estate or (as the case may be) the part of the Development thereof so affected shall likewise be distributed amongst such former Owners. In such event all the rights, privileges, obligations and covenants of such former Owners under this Deed shall be extinguished so far as the same relate to such former Owners of the relevant part of the Development. PROVIDED ALWAYS THAT if it is resolved by not less than 75% majority Undivided Shares of such Owners present and voting in proportion to the number of Undivided Shares (excluding the Undivided Shares allocated to the Common Areas and Facilities) held at such meeting to reinstate or rebuild such the Estate or (as the case may be) the part of the Development thereof so affected the Owners of such the Estate or (as the case may be) the part of the Development thereof so affected shall pay the excess of the cost of reinstatement or rebuilding of the Estate or the relevant part of the Development thereof damaged as aforesaid over and above the proceeds recoverable from the insurance of such the Estate or (as the case may be) the part of the Development thereof so affected in proportion to the respective number of Undivided Shares held by them and that until such payment the same will become a charge upon their respective Undivided Shares allocated to the Estate or the relevant part of the Development thereof and be recoverable as a civil debt. 61. The resolution is following provisions shall apply to a meeting convened as provided in Clause 60 hereof :- (i) Every such meeting shall be convened by at least 14 days' notice in writing served by the person or persons convening the meeting upon each Owner, and that notice shall specify the date, time and place of the meeting and the resolutions (if any) that are to be proposed; (ii) Service of a notice required to be served under Sub-clause (a)(i) above may be effected (a) personally upon the Owner; (b) by post addressed to the Owner at his last known address; or (c) by leaving the notice at the Owner's Unit or depositing the notice in the letter box of that Unit. (b) No business shall be transacted at any meeting unless a quorum is present when the meeting proceeds to business and Owners present in person or by proxy who in the aggregate have vested in them not less than 75% of the total number of Undivided Shares of the part thereof so affected in question (excluding the Undivided Shares allocated to the Common Areas and Facilities) shall be a quorum; (c) If within half an hour from the time appointed for the meeting a quorum is not present the meeting shall stand adjourned to the same time and day in the next week at the same place, and if at such adjourned meeting a quorum be not present the Owners present shall be deemed to constitute a quorum; (d) Every such meeting shall be presided over by the chairman of the Owners' Committee or, in his absence, the Owners present shall choose one of their members to be the chairman of the meeting; (e) The chairman shall cause a record to be kept of the persons present at the meeting and notes of the proceedings thereof; (f) Every Owner shall have one vote for each Undivided Share allocated to the Estate or (as the case may be) the part thereof so affected vested in him and in the case of Owners who together are entitled to one such Undivided Share such Owners shall jointly have one vote for each such Undivided Share and the vote in respect of that Undivided Share may be cast :- (i) by a proxy jointly appointed by such Owners; (ii) by 1 co-owner appointed by the others; or (iii) if no appointment has been made under sub-subparagraph (i) or (ii), then either personally or by proxy by one of the co-owners; and, in the case of any meeting where more than one of the co-owners seeks to cast a vote in respect of the Undivided Share, only the vote that is cast, in person or by proxy, by the co-owner whose name, in order of priority, stands highest in relation to that Undivided Share in the register kept at the Land Registry shall be treated as valid. In case of any equality of votes the chairman shall have a second or casting vote. (g) Votes may be given either personally or by proxy; (h) The instrument appointing a proxy shall be lodged with the person, or one of the persons, as the case may be, who convened the meeting not less than 48 hours before the time for the holding of the meeting; (i) A resolution passed at a duly convened meeting by not less than 75% majority of votes of such Owners present in person or by proxy and voting in proportion to the number of Undivided Shares (excluding the Undivided Shares allocated to the Common Areas and Facilities) held at such meeting shall be binding upon on all the Owners of the damaged part(s)Estate or (as the case may be) the relevant part of the Estate PROVIDED as follows :- (i) the notice convening the meeting shall specify the intention to propose a resolution concerning such matter; (ii) any resolution purported to be passed at any such meeting concerning any other matter shall not be valid; (iii) no resolution shall be valid if it is contrary to the provisions of this Deed; (j) A resolution in writing signed by Owners who in the aggregate have vested in them for the time being more than 75% of the Undivided Shares (excluding the Undivided Shares allocated to the Common Areas and Facilities) or (as the case may be) the part thereof so affected in question (excluding the Undivided Shares allocated to the Common Areas and Facilities) shall be as valid and effectual as if it had been passed at a duly convened meeting of such Owners; (k) The accidental omission to give notice as aforesaid to any Owner shall not invalidate the meeting or any resolution passed thereat.

Extinguishment of Rights. In the event of the whole Estate or any part of the Development thereof being so damaged by fire, typhoon, earthquake, subsidence or other causes rendering it substantially cause so as to render the same unfit for habitation or use use, the Manager or occupation, the Owners' Committee or the Owners of not less than 75% of the Undivided Shares allocated to that the damaged part(s) part of the Development Estate (excluding the Undivided Shares allocated to the Common Areas and Facilities) shall convene a meeting of the Owners in whom the right to exclusive use, occupation and enjoyment of such part of the Development Estate or (as the case may be) the part thereof so affected and such meeting may resolve by a seventy-five per cent (75%) majority resolution of the Owners present in person or by proxy holding not less than seventy-five per cent (75%) % of those present at the meeting whether or not to rebuild or reinstate the damaged part of the total Undivided Shares of such damaged part (excluding the Undivided Shares allocated to the Common Areas and Facilities) and voting Estate so affected. If it shall be resolved that by reason of insufficiency of insurance money or changes in building law or and/or regulations or any other circumstances whatsoever, it is not practicable to reinstate or rebuild such the Estate or (as the case may be) the part of the Development thereof so affected then in such event the Undivided Shares in the Lot representing such part and of the Development Estate or (as the case may be) the part thereof so affected shall be acquired by the Manager and the Owners of such Undivided Shares shall in such event be obliged to assign the same and all rights and appurtenances thereto to the Manager upon trust to forthwith dispose of the same by public auction or private treaty and to distribute the net proceeds of sale amongst the Owners of such Undivided Shares in proportion to the respective number of Undivided Shares previously held by such former Owners. All insurance money received in respect of any policy of insurance on such the Estate or (as the case may be) the part of the Development thereof so affected shall likewise be distributed amongst such former Owners. In such event all the rights, privileges, obligations and covenants of such former Owners under this Deed shall be extinguished so far as the same relate to such former Owners of the relevant part of the Development. PROVIDED ALWAYS THAT if it is resolved by a resolution of not less than 75% of those present at the meeting to reinstate or rebuild such the Estate or (as the case may be) the part of the Development thereof so affected the Owners of such the Estate or (as the case may be) the part of the Development thereof so affected shall pay the excess of the cost of reinstatement or rebuilding of the Estate or the relevant part of the Development thereof damaged as aforesaid over and above the proceeds recoverable from the insurance of such the Estate or (as the case may be) the part of the Development thereof so affected in proportion to the respective number of Undivided Shares held by them and that until such payment the same will become a charge upon their respective Undivided Shares allocated to the Estate or the relevant part of the Development thereof and be recoverable as a civil debt. The resolution is to be binding upon all the Owners of the damaged part(s).

Extinguishment of Rights. 64. In the event of the whole Estate or any part of the Development thereof being so damaged by fire, typhoon, earthquake, subsidence or other causes rendering it substantially cause so as to render the same unfit for habitation or use or occupation, the Manager or the Owners' Committee or the Owners of not less than 75% of the Undivided Shares allocated to that the damaged part(s) part of the Development Estate (excluding the Undivided Shares allocated to the Common Areas and Facilities) shall convene a meeting of the Owners in whom the right to exclusive use, occupation and enjoyment of such part of the Development Estate or (as the case may be) the part thereof so affected and such meeting may resolve by a seventy-five per cent (75%) majority of the Owners present in person or by proxy holding not less than seventy-five per cent (75%) of the total % majority Undivided Shares of such damaged part Owners present and voting in proportion to the number of Undivided Shares (excluding the Undivided Shares allocated to the Common Areas and Facilities) and voting held at such meeting whether or not to rebuild or reinstate the damaged part of the Estate so affected. If it shall be resolved that by reason of insufficiency of insurance money or changes in building law or and/or regulations or any other circumstances whatsoever, it is not practicable to reinstate or rebuild such the Estate or (as the case may be) the part of the Development thereof so affected then in such event the Undivided Shares in the Lot representing such part and of the Development Estate or (as the case may be) the part thereof so affected shall be acquired by the Manager and the Owners of such Undivided Shares shall in such event be obliged to assign the same and all rights and appurtenances thereto to the Manager upon trust to forthwith dispose of the same by public auction or private treaty and to distribute the net proceeds of sale amongst the Owners of such Undivided Shares (excluding the Owner of Undivided Shares allocated to the Common Areas and Facilities) in proportion to the respective number of Undivided Shares previously held by such former OwnersOwners (except the Manager) bears to the total number of Undivided Shares of the damaged part(s) of the Estate in question (excluding the Undivided Shares allocated to the Common Areas and Facilities). All insurance money received in respect of any policy of insurance on such the Estate or (as the case may be) the part of the Development thereof so affected shall likewise be distributed amongst such former OwnersOwners of Undivided Shares being sold and assigned to the Manager aforesaid. In such event all the rights, privileges, obligations and covenants of such former Owners under this Deed shall be extinguished so far as the same relate to such former Owners of the relevant part of the Development. PROVIDED ALWAYS THAT if it is resolved by not less than 75% majority of such Owners present and voting in proportion to the number of Undivided Shares (excluding the Undivided Shares allocated to the Common Areas and Facilities) held at such meeting to reinstate or rebuild such the Estate or (as the case may be) the part of the Development thereof so affected the Owners of such the Estate or (as the case may be) the part of the Development thereof so affected shall pay the excess of the cost of reinstatement or rebuilding of the Estate or the relevant part of the Development thereof damaged as aforesaid over and above the proceeds recoverable from the insurance of such the Estate or (as the case may be) the part of the Development thereof so affected in proportion to the respective number of Undivided Shares held by them (excluding the Undivided Shares allocated to the Common Areas and Facilities) and that until such payment the same will become a charge upon their respective Undivided Shares allocated to the Estate or the relevant part of the Development thereof and be recoverable as a civil debt. 65. The resolution is following provisions shall apply to a meeting convened as provided in Clause 60 hereof :- (i) Every such meeting shall be convened by at least 14 days' notice in writing served by the person or persons convening the meeting upon each Owner, and that notice shall specify the date, time and place of the meeting and the resolutions (if any) that are to be proposed; and (ii) Service of a notice required to be served under Sub-clause (a)(i) above may be effected: - (a) personally upon the Owner; or (b) by xxxx addressed to the Owner at his last known address; or (c) by leaving the notice at the Owner's Unit or depositing the notice in his letter box. (b) No business shall be transacted at any meeting unless a quorum is present when the meeting proceeds to business and Owners present in person or by proxy who in the aggregate have vested in them not less than 75% of the total number of Undivided Shares allocated to the damaged part(s) of the Estate (excluding the Undivided Shares allocated to the Common Areas and Facilities) shall be a quorum; (c) If within half an hour from the time appointed for the meeting a quorum is not present the meeting shall stand adjourned to the same time and day in the next week at the same place, and if at such adjourned meeting a quorum be not present the Owners present shall be deemed to constitute a quorum; (d) Every such meeting shall be presided over by the chairman of the Owners' Committee or, in his absence, the Owners present shall choose one of their members to be the chairman of the meeting; (e) The chairman shall cause a record to be kept of the persons present at the meeting and notes of the proceedings thereof; (f) Every Owner of the Estate shall have one vote for each Undivided Share allocated to the Estate (excluding the Undivided Shares allocated to the Common Areas and Facilities) vested in him and in the case of Owners who together are entitled to one such Undivided Share such Owners shall jointly have one vote for each such Undivided Share and the vote in respect of that Undivided Share may be cast :- (i) by a proxy jointly and appointed by such Owners; (ii) by a person appointed by the co-owners from amongst themselves; or (iii) if no appointment has been made under sub-subparagraph (i) or (ii), then either by one of the co-owners personally or by a proxy appointed by one of the co-owners; and, in the case of any meeting where more than one of the co-owners seeks to cast a vote in respect of the Undivided Share, only the vote that is cast, in person or by proxy, by the co-owner whose name, in order of priority, stands highest in relation to that Undivided Share in the register kept at the Land Registry shall be treated as valid. In case of any equality of votes the chairman shall have, in addition to a deliberate vote, a second or casting vote; (g) Votes may be given either personally or by proxy; (h) The instrument appointing a proxy shall be in writing and in the form set out in Form 1 in Schedule 1A of the BMO, and shall be signed by the Owner or if the Owner is a body corporate, shall, notwithstanding anything to the contrary in its constitution, be impressed with the seal or chop of the body corporate and signed by a person authorized by the body corporate in that behalf; (i) The appointment of a proxy shall have no effect unless the instrument appointing a proxy shall be lodged with the chairman of the Owners’ Committee or, if the meeting is convened by a person other than the Owners’ Committee, the person convening the meeting at least 48 hours before the time for the holding of the meeting. A proxy appointed by an Owner to attend and vote on behalf of the Owner shall, for the purposes of the meeting, be treated as being the Owner present at the meeting; (j) A resolution passed at a duly convened meeting by not less than 75% majority of such Owners present in person or by proxy and voting in proportion to the number of Undivided Shares (excluding the Undivided Shares allocated to the Common Areas) held at such meeting shall be binding upon on all the Owners of the damaged part(s)Estate or (as the case may be) the relevant part of the Estate PROVIDED as follows :- (i) the notice convening the meeting shall specify the intention to propose a resolution concerning such matter; (ii) any resolution purported to be passed at any such meeting concerning any other matter shall not be valid; and (iii) no resolution shall be valid if it is contrary to the provisions of this Deed; (k) A resolution in writing signed by Owners who in the aggregate have vested in them for the time being more than 75% of the Undivided Shares (excluding the Undivided Shares allocated to the Common Areas and Facilities) or (as the case may be) the part thereof so affected in question (excluding the Undivided Shares allocated to the Common Areas and Facilities) shall be as valid and effectual as if it had been passed at a duly convened meeting of such Owners; and (l) The accidental omission to give notice as aforesaid to any Owner shall not invalidate the meeting or any resolution passed thereat.

Extinguishment of Rights. 9.1 In the event of the whole or any part of the Development being so damaged by fire, typhoon, earthquake, subsidence or other causes cause rendering it substantially unfit for habitation or use or occupation, (a) the Owners’ Committee (b) the Manager or (c) the Owners of the Development holding not less than 75% of the Undivided Shares allocated to that damaged part(s) of the Development (excluding the Undivided Shares allocated to the Common Areas and Facilities) shall may convene a meeting of the Owners in whom the right to exclusive use, occupation and enjoyment of such part damaged part(s) of the Development and such meeting may resolve by a seventy-five per cent (75%) majority of the Owners present in person or by proxy holding not less than seventy-five per cent (75%) of the total Undivided Shares of such damaged part part(s) (excluding the Undivided Shares allocated to the Common Areas and Facilities)) and such meeting may resolve by a seventy-five per cent (75%) majority of those Owners present in person or by proxy and voting that by reason of insufficiency of insurance money or changes in building law or regulations or any other circumstances whatsoever, it is not practicable to reinstate or rebuild such part damaged part(s) of the Development then in such event the Undivided Shares in the Lot representing such part damaged part(s) of the Development shall be acquired by the Manager and the Owners (excluding the Owner of the Undivided Shares allocated to the Common Areas and Facilities) of such Undivided Shares shall in such event be obliged to assign the same and all rights and appurtenances thereto to the Manager upon trust to forthwith dispose of the same by public auction or private treaty and to distribute the net proceeds of sale amongst the Owners (excluding the Owner of the Undivided Shares allocated to the Common Areas and Facilities) of such Undivided Shares in proportion to the respective number of Undivided Shares previously held by such former OwnersOwners (except the Manager) bears to the total number of Undivided Shares of such damaged part(s) of the Development in question (excluding the Undivided Shares allocated to the Common Areas and Facilities). All insurance money received in respect of any policy of insurance on such part damaged part(s) of the Development shall likewise be distributed amongst such former OwnersOwners of Undivided Shares being assigned and sold to the Manager as aforesaid. In such event all the rights, privileges, obligations and covenants of such former Owners under this Deed shall be extinguished so far as the same relate to such former Owners of the relevant part damaged part(s) of the Development. Development PROVIDED ALWAYS THAT if it is resolved to reinstate or rebuild such part damaged part(s) of the Development Development, the Owners of such part damaged part(s) of the Development shall pay the excess of the cost of reinstatement or rebuilding of the relevant part damaged part(s) of the Development damaged as aforesaid over and above the proceeds recoverable from the insurance of such part damaged part(s) of the Development in proportion to the respective number of Undivided Shares held by them bears to the total number of Undivided Shares of the damaged part(s) of the Development in question (excluding the Undivided Shares allocated to the Common Areas and Facilities) respectively and that until such payment the same will become a charge upon their respective Undivided Shares allocated to the relevant part damaged part(s) of the Development and be recoverable as a civil debt. The resolution is to be binding upon all the Owners of the damaged part(s) of the Development. 9.2 The following provisions shall apply to a meeting convened as provided in Clause 9.1 of this Deed: - (a) The person convening such meeting of the Owners of the damaged part(s) of the Development shall, at least 14 days before the date of the meeting, give notice of the meeting to each Owner. Such notice of meeting shall specify: - (i) the date, time and place of the meeting; and (ii) the resolutions (if any) that are to be proposed at the meeting. (b) The notice of meeting referred to in sub-clause (a) above shall be posted on the public notice boards of or a prominent place in the Development and if possible, may be given: - (i) by delivering it personally to the Owner; (ii) by sending it by post to the Owner at his last known address; or (iii) by leaving at the Owner’s Unit or depositing it in the letter box for that Unit. (c) No business shall be transacted at any meeting of the Owners of the damaged part(s) of the Development unless a quorum is present when the meeting proceeds to business and Owners present in person or by proxy who in the aggregate have vested in them not less than seventy-five per cent (75%) of the total number of Undivided Shares of the damaged part(s) of the Development (excluding the Undivided Shares allocated to the Common Areas and Facilities) so affected in question shall be a quorum. (d) If within half an hour from the time appointed for the meeting a quorum is not present the meeting shall stand adjourned to the same time and day in the next week at the same place. (e) The Chairman of the Owners’ Committee, or (in the absence of the Chairman of the Owners’ Committee) the Owners present shall choose one of their members to be the chairman of the meeting, or the person convening such meeting shall be the chairman of the meeting. (f) The chairman shall cause a record to be kept of the persons present at the meeting and notes of the proceedings thereof. (g) At such meeting of the Owners of the damaged part(s) of the Development: - (i) an Owner shall have one vote in respect of each Undivided Share he owns; (ii) an Owner may cast a vote personally or by proxy; (iii) where 2 or more persons are the co-Owners of an Undivided Share, the vote in respect of that Undivided Share may be cast: - (1) by a proxy jointly appointed by the co-Owners; (2) by a person appointed by the co-Owners from among themselves; or (3) if no appointment is made under this sub-clause (g)(iii)(1) or (2), either by one of the co-Owners personally or by a proxy appointed by one of the co-Owners. (iv) where 2 or more persons are the co-Owners of an Undivided Share, and more than one of the co-Owners seeks to cast a vote in respect of the Undivided Share, only the vote that is cast, whether personally or by proxy, by the co-Owner whose name, in order of priority, stands highest in relation to that Undivided Share in the register kept at the Land Registry shall be treated as valid; and (v) if there is an equality of votes, the Chairman or the person presiding over the meeting shall have, in addition to a deliberative vote, a casting vote. (i) An instrument appointing a proxy shall be in the form set out in Form 1 in Schedule 1A to the Building Management Ordinance, and: - (1) shall be signed by the Owner; or (2) if the Owner is a body corporate, shall notwithstanding anything to the contrary in its constitution, be impressed with the seal or chop of the body corporate and signed by a person authorized by the body corporate in that behalf. (ii) The instrument appointing a proxy shall be lodged with the chairman of the Owners’ Committee or the person convening the meeting at least 48 hours before the time for the holding of the meeting. (iii) A proxy appointed by an Owner to attend and vote on behalf of the Owner shall, for the purposes of the meeting, be treated as being the Owner present at that meeting. (i) A resolution passed at a duly convened meeting by a seventy-five per cent (75%) majority of votes of those Owners present in person or by proxy and voting at such meeting shall be binding on all the Owners of the relevant damaged part(s) of the Development PROVIDED as follows: - (i) the notice convening the meeting shall specify the intention to propose a resolution concerning such matter; (ii) any resolution purported to be passed at any such meeting concerning any other matter shall not be valid; (iii) no resolution shall be valid if it is contrary to the provisions of this Deed and any Sub-Deed(s). (j) The accidental omission to give notice as aforesaid to any Owner of the damaged part(s) of the Development shall not invalidate the meeting or any resolution passed thereat.

Extinguishment of Rights. In the event of the whole or any part of the Development being so damaged by fire, typhoon, earthquake, subsidence or other causes rendering cause so as to render it substantially unfit for use or habitation or use or occupation, the Owners of not less than 75% of the Undivided Shares allocated to that damaged part(s) of the Development (excluding the Undivided Shares allocated to the Common Areas and Facilities) shall convene a meeting of the Owners in whom the right to exclusive use, occupation and enjoyment of such part of the Development and such meeting may resolve by a seventy-five per cent (75%) majority of the Owners present in person or by proxy holding not less than seventy-five per cent (75%) of the total Undivided Shares of such damaged part (excluding the Undivided Shares allocated to the Common Areas and Facilities) and voting that by reason of insufficiency of insurance money or changes in building law or regulations or any other circumstances whatsoever, it is not practicable to reinstate or rebuild such part of the Development then in such event the Undivided Shares in the Lot representing such part of the Development shall be acquired by the Manager and the Owners of such Undivided Shares shall in such event be obliged to assign the same and all rights and appurtenances thereto to the Manager upon trust to forthwith dispose of the same by public auction or private treaty and to distribute the net proceeds of sale amongst the Owners of such Undivided Shares in proportion to the respective number of Undivided Shares previously held by such former Owners. All insurance money received in respect of any policy of insurance on such part of the Development shall likewise be distributed amongst such former Owners. In such event all the rights, privileges, obligations and covenants of such former Owners under this Deed shall be extinguished so far as the same relate to such former Owners of the relevant part of the Development. PROVIDED ALWAYS THAT if it is resolved to reinstate or rebuild such part of the Development the Owners of such part of the Development shall pay the excess of the cost of reinstatement or rebuilding of the relevant part of the Development damaged as aforesaid over and above the proceeds recoverable from the insurance of such part of the Development in proportion to the respective number of Undivided Shares held by them and that until such payment the same will become a charge upon their respective Undivided Shares allocated to the relevant part of the Development and be recoverable as a civil debt. The resolution is to be binding upon all the Owners of the damaged part(s).

Extinguishment of Rights. In Notwithstanding any other provisions to the contrary herein contained, in the event of the whole Estate or any part of the Development thereof being so damaged by fire, typhoon, earthquake, subsidence or other causes rendering it substantially cause so as to render the same unfit for habitation or use or occupation, the Manager or the Owners' Committee or the Owners of not less than 75% of the Undivided Shares allocated to that the damaged part(s) part of the Development Estate (excluding the Undivided Shares allocated to the Common Areas and Facilities) shall may convene a meeting of the Owners in whom the right to exclusive use, occupation and enjoyment of such part of the Development Estate or (as the case may be) the part thereof so affected and such meeting may resolve by a seventy-five per cent (75%) majority of the Owners present in person or by proxy holding not less than seventy-five per cent (75%) of the total % majority Undivided Shares of such damaged part Owners present and voting in proportion to the number of Undivided Shares (excluding the Undivided Shares allocated to the Common Areas and Facilities) and voting held at such meeting whether or not to rebuild or reinstate the damaged part of the Estate so affected. If it shall be resolved that by reason of insufficiency of insurance money or changes in building law or and/or regulations or any other circumstances whatsoever, it is not practicable to reinstate or rebuild such the Estate or (as the case may be) the part of the Development thereof so affected then in such event the Undivided Shares in the Lot representing such part and of the Development Estate or (as the case may be) the part thereof so affected shall be acquired by the Manager and the Owners of such Undivided Shares shall in such event be obliged to assign the same and all rights and appurtenances thereto to the Manager upon trust to forthwith dispose of the same by public auction or private treaty and to distribute the net proceeds of sale amongst the Owners of such Undivided Shares (excluding the Owner of Undivided Shares allocated to the Common Areas and Facilities) in proportion to the respective number of Undivided Shares previously held by such former OwnersOwners (except the Manager) bears to the total number of Undivided Shares of the damaged part(s) of the Estate in question (excluding the Undivided Shares allocated to the Common Areas and Facilities). All insurance money received in respect of any policy of insurance on such the Estate or (as the case may be) the part of the Development thereof so affected shall likewise be distributed amongst such former OwnersOwners of Undivided Shares being sold and assigned to the Manager aforesaid. In such event all the rights, privileges, obligations and covenants of such former Owners under this Deed shall be extinguished so far as the same relate to such former Owners of the relevant part of the Development. PROVIDED ALWAYS THAT if it is resolved by not less than 75% majority of such Owners present and voting in proportion to the number of Undivided Shares (excluding the Undivided Shares allocated to the Common Areas and Facilities) held at such meeting to reinstate or rebuild such the Estate or (as the case may be) the part of the Development thereof so affected the Owners of such the Estate or (as the case may be) the part of the Development thereof so affected shall pay the excess of the cost of reinstatement or rebuilding of the Estate or the relevant part of the Development thereof damaged as aforesaid over and above the proceeds recoverable from the insurance of such the Estate or (as the case may be) the part of the Development thereof so affected in proportion to the respective number of Undivided Shares held by them (excluding the Undivided Shares allocated to the Common Areas and Facilities) and that until such payment the same will become a charge upon their respective Undivided Shares allocated to the Estate or the relevant part of the Development thereof and be recoverable as a civil debt. The resolution is to be binding upon all the Owners of the damaged part(s).

Extinguishment of Rights. 9.1 In the event of the whole or any part of the Development being so damaged by fire, typhoon, earthquake, subsidence or other causes cause rendering it substantially unfit for habitation or use or occupation, (a) the Owners’ Committee (b) the Manager or (c) the Owners of the Development holding not less than 75% of the Undivided Shares allocated to that damaged part(s) of the Development (excluding the Undivided Shares allocated to the Common Areas and Facilities) shall may convene a meeting of the Owners in whom the right to exclusive use, occupation and enjoyment of such part damaged part(s) of the Development (holding not less than seventy- five per cent (75%) of the total Undivided Shares of such damaged part(s) (excluding the Undivided Shares allocated to the Common Areas and Facilities)) and such meeting may resolve by a seventy-five per cent (75%) majority of the those Owners present in person or by proxy holding not less than seventy-five per cent (75%) of the total Undivided Shares of such damaged part (excluding the Undivided Shares allocated to the Common Areas and Facilities) and voting that by reason of insufficiency of insurance money or changes in building law or regulations or any other circumstances whatsoever, it is not practicable to reinstate or rebuild such part damaged part(s) of the Development then in such event the Undivided Shares in the Lot representing such part damaged part(s) of the Development shall be acquired by the Manager and the Owners (excluding the Owner of the Undivided Shares allocated to the Common Areas and Facilities) of such Undivided Shares shall in such event be obliged to assign the same and all rights and appurtenances thereto to the Manager upon trust to forthwith dispose of the same by public auction or private treaty and to distribute the net proceeds of sale amongst the Owners (excluding the Owner of the Undivided Shares allocated to the Common Areas and Facilities) of such Undivided Shares in proportion to the respective number of Undivided Shares previously held by such former OwnersOwners (except the Manager) bears to the total number of Undivided Shares of such damaged part(s) of the Development in question (excluding the Undivided Shares allocated to the Common Areas and Facilities). All insurance money received in respect of any policy of insurance on such part damaged part(s) of the Development shall likewise be distributed amongst such former OwnersOwners of Undivided Shares being assigned and sold to the Manager as aforesaid. In such event all the rights, privileges, obligations and covenants of such former Owners under this Deed shall be extinguished so far as the same relate to such former Owners of the relevant part damaged part(s) of the Development. PROVIDED ALWAYS THAT if it is resolved to reinstate or rebuild such part damaged part(s) of the Development Development, the Owners of such part damaged part(s) of the Development shall pay the excess of the cost of reinstatement or rebuilding of the relevant part damaged part(s) of the Development damaged as aforesaid over and above the proceeds recoverable from the insurance of such part damaged part(s) of the Development in proportion to the respective number of Undivided Shares held by them bears to the total number of Undivided Shares of the damaged part(s) of the Development in question (excluding the Undivided Shares allocated to the Common Areas and Facilities) respectively and that until such payment the same will become a charge upon their respective Undivided Shares allocated to the relevant part damaged part(s) of the Development and be recoverable as a civil debt. The resolution is to be binding upon all the Owners of the damaged part(s) of the Development. 9.2 The following provisions shall apply to a meeting convened as provided in Clause 9.1 hereof:- (a) The person convening such meeting of the Owners of the damaged part(s) of the Development shall, at least 14 days before the date of the meeting, give notice of the meeting to each Owner. Such notice of meeting shall specify: (i) the date, time and place of the meeting; and (ii) the resolutions (if any) that are to be proposed at the meeting. (b) The notice of meeting referred to in sub-clause (a) shall be posted on the public notice boards of or a prominent place in the Development and if possible, may be given : (i) by delivering it personally to the Owner; (ii) by sending it by post to the Owner at his last known address; or (iii) by leaving at the Owner’s Unit or depositing it in the letter box for that Unit. (c) No business shall be transacted at any meeting of the Owners of the damaged part(s) of the Development unless a quorum is present when the meeting proceeds to business and Owners present in person or by proxy who in the aggregate have vested in them not less than seventy-five per cent (75%) of the total number of Undivided Shares of the damaged part(s) of the Development (excluding the Undivided Shares allocated to the Common Areas and Facilities) so affected in question shall be a quorum. (d) If within half an hour from the time appointed for the meeting a quorum is not present the meeting shall stand adjourned to the same time and day in the next week at the same place. (e) The Chairman of the Owners’ Committee or the person convening such meeting shall be the chairman of the meeting. (f) The chairman shall cause a record to be kept of the persons present at the meeting and notes of the proceedings thereof. (g) At such meeting of the Owners of the damaged part(s) of the Development : (i) an Owner shall have one vote in respect of each Undivided Share he owns; (ii) an Owner may cast a vote personally or by proxy; (iii) where 2 or more persons are the co-Owners of an Undivided Share, the vote in respect of that Undivided Share may be cast : (1) by a proxy jointly appointed by the co-Owners; (2) by a person appointed by the co-Owners from among themselves; or (3) if no appointment is made under this sub-clause (g)(iii)(1) or (2), either by one of the co-Owners personally or by a proxy appointed by one of the co-Owners. (iv) where 2 or more persons are the co-Owners of an Undivided Share, and more than one of the co-Owners seeks to cast a vote in respect of the Undivided Share, only the vote that is cast, whether personally or by proxy, by the co-Owner whose name, in order of priority, stands highest in relation to that Undivided Share in the register kept at the Land Registry shall be treated as valid; and (v) if there is an equality of votes, the person presiding over the meeting shall have, in addition to a deliberative vote, a casting vote. (i) An instrument appointing a proxy shall be in the form set out in Form 1 in Schedule 1A to the Building Management Ordinance, and (1) shall be signed by the Owner; or (2) if the Owner is a body corporate, shall notwithstanding anything to the contrary in its constitution, be impressed with the seal or chop of the body corporate and signed by a person authorized by the body corporate in that behalf. (ii) The instrument appointing a proxy shall be lodged with the chairman of the Owners’ Committee or the person convening the meeting at least 48 hours before the time for the holding of the meeting. (iii) A proxy appointed by an Owner to attend and vote on behalf of the Owner shall, for the purposes of the meeting, be treated as being the Owner present at that meeting. (i) A resolution passed at a duly convened meeting by a seventy-five per cent (75%) majority of votes of those Owners present in person or by proxy and voting at such meeting shall be binding on all the Owners of the relevant damaged part(s) of the Development PROVIDED as follows:- (i) the notice convening the meeting shall specify the intention to propose a resolution concerning such matter; (ii) any resolution purported to be passed at any such meeting concerning any other matter shall not be valid; (iii) no resolution shall be valid if it is contrary to the provisions of this Deed. (j) The accidental omission to give notice as aforesaid to any Owner of the damaged part(s) of the Development shall not invalidate the meeting or any resolution passed thereat.