TRANSLATION
DIRECTION OF FINANCE SERVICE OF MACAU
ADMINISTRATIVE AND FINANCIAL DIVISION
CERTIFY
ONE--That the photocopy annexed to this certificate is according to its original
TWO--That it was extracted at this Division from the deed registered on folios
111 and followings of the Book of Notes for deeds No. 274
THREE--That it occupies eight sheets (being 1 enclosure) with the embossed stamp
used by this Direction, which are all numerated and rubricated by me.
Macau, 20th March, 1990.
The Notary
Signature not legible.
ACCOUNT No. 65
Fees .............................. $19.00
Stamps of the article 42 .......... $50.00
Stamps of the article 43 .......... $ --
Total .................. $69.00
The total is sixty nine patacas.
Signature not legible
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Deed of the concession contract by
lease with exemption of auction, of
a land with area of 4,200 square
metre, located at Pac-On, Lot "E",
in the Island of Taipa, made in favour
the name of "ACESSORIOS ELECTRONICOS
BEL FUSE MACAU LIMITED"
On 16th March, 1990, in this city of Macau and at the building located at
Rua da Praia Grande, where the Direction Service of Finance is established,
appeared in my presence, Alberto Rosa Nunnes, Subdirector of the said Service,
performing as private notary of the Finance of this Territory, as grantors:
FIRST: The Territory of Macau, represented by Joao Luis Martins Roberto,
Director of the Finance Service of Macau, according to the subdelegation granted
by the Under-Secretary for the Economic Affairs by dispatch number four hundred
and seventy one stroke SAAE stroke eighty nine, of 12th December, published in
the fifth supplement to the Official Bulletin number fifty two of twenty nine of
the said month and year.
SECOND: "ACESSORIOS ELECTRONICOS BEL FUSE MACAU LIMITED" with office at
Avenida Almirante Lacerda numbers one hundred and sixty seven and one hundred
and sixty nine, sixth floor, inscribed at the Registry Office under the number
one thousand and thirty eight on folios one hundred and thirty eight reverse
side of the Book C-third, now represented by its manager LOH HUNG PAO, PETER,
with powers confered in accordance with the statutes of the company inscribed at
the said office.
The Assistant Attorney-General of the Republic of this city Rodrigo Antonio
Leal de Carvalho was also present this act. They are all persons whose
identities I know and perceive.
Therefore, to the first grantor with the capacity above mentioned, it was
said:-That, as the Under-Secretary for the Public Works and Habitation by
dispatch number one hundred and sixty two stroke SAOPH stroke eighty eight, of
7th December
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authorized the petition lodged by the second grantor for the concession, by
lease with exemption of auction, a land with the area of four thousand and two
hundred square metre, located at Pac-On, Lot "E", in the Island of Taipa, not
yet described at the House Registry Office of Macau according to certificate
issued by the said office, the grantors are to simplify the deed in the
following terms:
FIRST CLAUSE--OBJECT OF THE CONTRACT: CONCESSION BY LEASE
---------------------------------------------------------
The first grantor grants to the second grantor, by lease with exemption of
auction, a land located at the Island of Taipa, corresponding to the Lot "E" of
the embankment of Pac-On with the area of four thousand and two hundred square
meter, hereinafter referred to as Land, which is marked in the annexed plan,
with the number DPT stroke zero two stroke three hundred and sixty two stroke
eighty eight of the Direction of Cartography and Cadastre Service
SECOND CLAUSE--PERIOD OF LEASE
------------------------------
1. The lease is valid for 25 years, starting from the date of granting of the
public writ of the present CONTRACT
2. The period of lease fixed in the former number, can in the terms of the
legislation applicable and with accordance to the conditions, be renewed
till 19th December 2049.
THIRD CLAUSE--THE USAGE AND FINALITY OF THE LAND
------------------------------------------------
The land will be used for the construction of a building, comprising of three
storeys, affected for the industry of the making of electronic components, to be
explored by the SECOND GRANTOR
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FOURTH CLAUSE--RENT
-------------------
1. According to the Regulation no. 50/81/M, of 21st March, the SECOND PARTY
will pay the following annual rent:
a) During the period of execution of the usage of the LAND will pay $4.00
(four patacas) by metre square of the land granted in the global
amount of $16,800.00 (sixteen thousand and eight hundred patacas).
b) Once the work of usage of the LAND is completed will have to pay the
global amount of $28,850.00 (twenty eight thousand and eight hundred
and fifty patacas) resulting from the following description:
i) Area for industry:
4.338 m2 x $5.00/m2 ................ $21,690.00
ii) Area for parking and environmental assistance:
1.432 m2 x $5.00/m2 ................ $ 7,160.00
2. The areas referred in the former number are subject to alterations
resulting from the inspection to be made by the competent authorities for
the issuing of the Occupation Licence, with the alteration of the global
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3. The rents will be revised five in five years, starting from the date of the
granting of the public writ of the present CONTRACT, without any loss of
the immediate application of new amounts of the rent stipulated by
Regulation during the validity of the CONTRACT coming to be publicated.
FIFTH CLAUSE--DEADLINE OF USAGE
-------------------------------
1. The period of usage of the LAND starting from the date of publication in
the Official Bulletin which authorizes the present CONTRACT, should operate
according to the following
1st Fase--Construction of the ground floor industrial unit in a period of
eighteen months, starting from the date above referred;
2nd Fase--The construction of the remaining two storeys is optional. The
SECOND PARTY should inform the FIRST PARTY in a period of 12
months starting from the date of the licence of occupation of
the first fase, if pretends to construct. The period of
conclusion of the 2nd fase is 18 months starting from the date
of the written communication of the SECOND PARTY.
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2. Without any disadvantage of the stipulated in the former number, the SECOND
PARTY should during the presentation of the projects, observe the following
deadlines:
a) 90 (ninety) days, starting from the date of notification of the
approval of the anti-project of the work, for the presentation and
elaboration of the work project (project of the foundation,
estructures, water, drainage, electricity and special installations);
b) 45 (forty five) days, starting from the date of notification of the
approval of the work project, to the beginning of the work.
3. For the accomplishment of the deadlines referred in the former number, the
projects will only be considered presentable if all the elements are
instructed.
4. For the fulfilment of the deadlines referred in the number one of this
clause it is understood that, for the appreciation of each of the projects
referred in no. 2, the competent Authorities will observe a period of 60
(sixty) days.
5. In case the competent Authorities do not inform in the fixed deadline of
the former number, the SECOND PARTY can start the project 30 (thirty) days
after written communication to DSOPT (Public and Transport Works Dept),
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subject, however the project to everything that appears laid out in the
RGCU or any other rules applicable and being subject to all penalties set
in that RGCU, with the exception of the absence of licence. However, the
absence of resolution, relating to the plan of the job, does not dispense
the SECOND PARTY of the presentation of the respective work project.
SIXTH CLAUSE--MATERIALS FOR THE RECLAMATION OF LAND
---------------------------------------------------
All and any materials needed for filling up the land which the SECOND PARTY
eventually will necessitate to be used in the Land will have to be obtained
outside the Territory.
SEVENTH CLAUSE--NON-ACCOMPLISHMENT OF THE DEADLINES
---------------------------------------------------
1. In case of any specific reasons, properly justified, accepted by the FIRST
PARTY, by the non-accomplishment of the deadlines fixed in the fifth clause
relatively to the presentation of any projects, beginning and conclusion of
the works, the SECOND PARTY will have to pay a fine till $500.00 (five
hundred patacas) for each day of delay till sixty days; besides this period
and till the maximum global of one hundred and twenty days, will be subject
to a fine of double the amount mentioned.
2. The SECOND PARTY, will be discharged of the responsibilities referred in
the former number in cases of force majeure or other relevant facts,
wherein the work is proven to be outside his control.
3. Only occurrences resulting exclusively from unforeseeable and unavoidable
events shall be regarded as cases of force majeure.
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4. For the accomplishment of the rule no. 2 of this clause the SECOND PARTY
is to inform, the FIRST PARTY in writing, as soon as possible the occurence
of the referred facts.
EIGHTH CLAUSE--PROTECTION OF THE MAIN ENVIRONMENT
-------------------------------------------------
1. Relatively to the industrial affluents, noise and pollution in general the
SECOND PARTY has to abide with the rules internationally defined in these
materials, in order to protect the environment, following accordingly to
the rules set by the OMS--World Health Organization.
2. The SECOND PARTY is to also obey the rules of security and hygiene of the
General Rule of Security and Hygiene of Work in the Industrial
Establishments approved by the Law no.57/82/M of 22nd October.
3. Any fault of observance of the stipulated in no. 1 of this clause, the
SECOND PARTY will be subject to the following penalties:
-- In the 1st violation: $10,000.00 to $30,000.00
-- In the 2nd violation: $31,000.00 to $80,000.00
-- In the 3rd violation: $81,000.00 to $150,000.00
-- From the 4th violation onwards the FIRST PARTY has the right to cancel
the contract.
4. Any fault of accomplishment of the stipulated in no. 2 of this clause the
SECOND PARTY will be subject to sanctions applicable in terms of Law no.
2/83.
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NINTH CLAUSE--PREMIUM OF CONTRACT
----------------------------------
The SECOND PARTY shall pay the FIRST PARTY, a premium of contract, the amount of
$1,849,000.00 (one million eight hundred and forty nine thousand patacas) which
will be paid in the following form:
a) $349,000.00 (three hundred and forty nine thousand patacas) 30 (thirty)
days after the publication in the Official Bulletin of the approval of the
present CONTRACT.
b) The remaining $1,500,000.00 (one million and five hundred thousand patacas)
which will gain interest to annual tax of 5%, will be paid in 4 (four)
instalments half-yearly, same of capital and interests, in the amount of
$398,730.00 (three hundred and ninety eight thousand and seven hundred and
thirty patacas) each one, earning the first 150 days starting from the date
of payment referred in the former paragraph.
10TH CLAUSE--GUARANTY
---------------------
1. In the terms of rule of article no. 127 of Law no. 6/80/M, of 5th July, the
SECOND PARTY will give a guaranty in the value of $16,800.00 (sixteen
thousand and eight hundred patacas) by deposit or bank guaranty accepted by
the FIRST PARTY.
2. The value of the guaranty referred in the former number should always
accompany the value of the respective annual rent.
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ELEVENTH CLAUSE--TRANSFERENCE
-----------------------------
1. The transference of the situations occured in this concession, whenever the
LAND is not used, and during the period of 10 years after the conclusion of
the usage dependent of the former authorization of the FIRST PARTY and
subjects the transferer the revision of the conditions of the present
CONTRACT.
2. For the financial guaranty of the job, the SECOND PARTY can consist of
voluntary mortgage over the right of lease of the land there conceded, in
terms of the rule in the article 2 of the Law no. 51/83/M of 26th December.
12TH CLAUSE--INSPECTION
-----------------------
During the period of usage of the LAND conceded, the SECOND PARTY has the right
to allow the access to the work site to the representatives of the
Administration Services, who will be going for inspection, giving them all the
assistance.
13TH CLAUSE--INVALIDITY
-----------------------
1. The present CONTRACT will be invalid on the following cases:
a) Final deadline of the fine agraveted as mentioned in clause 8th.
b) Alteration not consented with the finality of the concession, during
the time of the usage is not completed;
c) Interruption of the usage of the LAND in a period higher than 90 days,
due to specific reasons justified and accepted by the FIRST PARTY.
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2. The invalidity of the CONTRACT is declared by the approval of the Governor
and will be publicated in the Official Bulletin.
3. The invalidity of the CONTRACT will determine the reversion of the LAND to
the possession of the FIRST PARTY with all the improvements introduced,
with no right for any compensation on the SECOND PARTY'S part.
14TH CLAUSE--CANCELLATION
-------------------------
1. The present CONTRACT can be cancelled when any of the following facts
occur:
a) Fault of pontual payment of the rent;
b) Alteration not consented for the usage of LAND and/or the finality of
the concession, in case the usage of LAND is already concluded;
c) Transference of the situations occurring during the concession, with
the violation of the rules stated in the 11th clause--1st.
d) Non-accomplishments of the obligations stated in the sixth clause;
e) Repeated non-accomplishment starting from the 4th violation of the
obligations stated in the eighth clause;
f) Non-accomplishment of the obligations stated in the ninth clause;
2. The cancellation of the CONTRACT is declared by the approval of the
Governor and will be publicated in the Official Bulletin.
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15TH CLAUSE--COMPETENT LAW
--------------------------
For the purposes of resolution of any litigation emerging from the present
CONTRACT, the competent law will be represented by the Court of Justice of
Macau.
16TH CLAUSE--LEGISLATION APPLICABLE
-----------------------------------
The present CONTRACT, will act according to in cases of negligence by Law
no. 6/80/M of 5th July, and with legislation applicable and in force in the
Territory of Macau.
It was said to the second grantor that he accepts this contract with all
their clause and conditions, who is subject to its faithfull and exact
fulfilment
Thus this was said and reciprocally accepted, in the capacities which they
grant and I perceive.
The duly duty-stamp in accordance with the general table of Stamp-Duty in
force, will be paid by means of bill
The conveyance tax was paid at the Tax Office of the Finance of the Islands
and the respective forwarding note number four hundred and thirty stroke five
hundred and sixty seven is kept filed in the respective process
I declare that the second grantor had deposited in the name of the
territory of Macau and in the Department in Macau of the Nacional Ultramarino
Bank, the security in the amount of sixteen thousand and eight hundred patacas,
corresponding to a year of rent, according to bill number thirty seven stroke
eighty nine of which a copy is kept filed in the process number fifteen thousand
six hundred and thirty eight of this Direction
As the representative of the second grantor does not know Portuguese
language, the official interpreter, Augusto Jose da Lus---, intervenes in this
act, with his consent, who made the
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oral translation of this deed in chinese as well as letting me know that it
corresponds to his wish.
The witnesses present, whose idoneousness I verified, Antonio Zeferino de
Souza and Margarida Costa, both adults, public servants, living in this city,
will sign this deed with the grantor, with the Assistant Attorney-General of the
republic and with me, Subdirector of the Service of Finance and notary, after it
was read, by me, in loud voice in the presence of all who verified that it is
accordingly.
Signed Joao Martins Roberto
Signed Loh Hung Pao, Peter
Signature not legible
Signed Antonio Zeferino Souza
Signed Margarida Costa
I was present. Signed Rodrigo Carvalho
Signed Alberto Rosa Nunes
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