油彩 木板 一九六三年作 款識
荼 63（右下）富春江之晨 吳冠中（畫背）
出版
1994年，《天南地北風情——吳冠中》，藝達作坊，新加坡，第22至23頁，圖版第6號
1994年，《香港亞洲藝術節》，國際藝術博覽會，香港，第157頁
1994年，《吳冠中個性之旅》，Notices畫廊，新加坡，圖版第62號
2007年，《吳冠中全集：第二卷》，湖南美術出版社，長沙，第141頁
2008年，《吳冠中畫集（下卷）》，江西美術出版社，江西，第263頁 展覽
1994年10月28日至11月2日，「新加坡寶藏展」，新加坡
1994年11月10至13日，「吳冠中個性之旅」，Notices畫廊，新加坡
1994年11月17至21日，「天南地北風情——吳冠中」，亞洲藝術博覽會，新加坡斯民藝苑、香港一畫廊展位，香港
來源
1997年11月3日，香港佳士得秋季拍賣會，拍品編號324
現亞洲重要私人藏家直接購自上述來源
澄懷致遠天地客，一程山水一年華
吳冠中六〇年代珍稀美術館級油畫臻品《富春江之晨》
1994年，吳冠中在「天南地北風情」展覽畫冊中題寫道：「踏遍青山，步徐霞客的後塵，比徐霞客走的更遠，探幽尋奇……我只陶醉於山川風物之異，人情品貌之繁，但也並非旅行寫生，繪圖日記，旨在採形煉型，營造自家深園。」山水知我意，行行重行行。吳冠中的一生，是深耕「自家深園」、行走天南地北、譜寫山水風情的一生，是投身「油畫民族化」、不懈革新中國美術的一生，更是創造一條連接傳統與現代、東西文化交流之路的非凡一生。吳冠中在1991年獲法國文化部授予「藝術與文學勳章」、1992年成為首位在大英博物館舉辦個展的在世華人藝術家、2002年當選法蘭西學院藝術院士，在他如「當代徐霞客」般五十年的藝術行旅中，他「中西並進」、「水陸兼程」，涉獵西式油彩、水彩、東方水墨、鋼筆，無一不擅，以此回饋於生養、滋潤他的祖國山河，一如1950年旅法時他寫下的字字箴言：「我將在故土長成大樹」、「無論被驅在祖國的哪一角落，我將步步真誠！」
1947至1950年的旅法經歷令吳冠中得以純熟掌握西式油彩的色彩力度、現代藝術的造型結構，歸國後長時間的對景寫生使他磨銳了敏感的心與眼，進而於六〇年代達至油畫創作第一個成熟高峰。是次上拍、完成於1963年的《富春江之晨》正為其「肇自然之性，成造化之功」的一幀融合中西形式美、開創高遠意境、蘊藉高度文人雅韻的博物館級油彩精品。作品曾於1994年先後巡展至新加坡、香港的「天南地北風情」藝術家個展，其後並亮相於新加坡「吳冠中個性之旅」展，獲得廣泛回響，作品並被收錄於藝術家全集、1994年《香港亞洲藝術節》展覽名錄等5本權威出版，代表性和重要意義歷歷可見，不同凡響！
妙筆連珠，繪天下獨絕之境
「我愛繪畫中的意境，不過這意境是結合在形式之中，通過形式才能體現。用繪畫的眼睛去挖掘形象的意境，這就是我藝術生涯的核心。」
——吳冠中《油畫實踐甘苦談》
回顧《富春江之晨》完成的1963年，吳冠中在該年春前往浙江桐廬富春江一帶寫生。有「小三峽」之稱的富春江自古名揚天下，常言道「天下佳山水，古今推富春」，既有「重重似畫，曲曲如屏」、「奇山異水，天下獨絕」的鐘靈，又有黃公望傳世名作《富春山居圖》、嚴子陵隱居富春山的美譽，令無數文人墨客心嚮往之。生於江蘇的吳冠中，此前28年的藝術生涯中雖走過萬水千山，然令其最念念不忘的，仍是江南故鄉的秀水風光。當他面對富春江「一折青山一扇屏，一灣清水一條琴」的勝景，如獲精神和鳴，一口氣創作了六幅「富春江」主題油畫，六件作品尺寸相同，但分別由漁船、沙洲、碧水、江岸、梯田、奇木的不同視角，鋪展出富春江一帶充滿雅韻的早春景致，此後亦未再作該地域的描繪，可謂其創作生涯中「空前絕後」的一環。受彼時經濟拮据所限，吳冠中60年代的油畫創作的數量並不多，他亦十分珍惜每次外出行旅寫生的機會，至一處常以移步換景的方式兩三次描寫當地景貌。然而縱觀其畢生油畫，「富春江」為其「同尺幅數量最多」的主題系列，此後僅在1975年的嶗山行中，連作6幅不同尺寸的油畫銘記，此突出了前者的特殊性。而此番意氣風發、妙筆連連之姿，不僅見證此景此境與其精神高度契合，更顯示他在60年代挑戰自我如何在同一尺寸的畫幅、面對相似的地景，幻變出萬千的藝術風姿，不啻為其創作功力臻至純熟與靈感噴湧的重要見證。
該系列之《富春江上打漁船》已被納入上海中華藝術宮收藏，而描繪碧水的《富春江邊》則在2021年以2645萬人民幣的高價易手。是次呈現的《富春江之晨》，構圖在六件之中最為奇絕，以近距離描寫奇木的視點出發，盡現江河自然與人文風采，無論在用筆、著色、構圖、意境的呈現上皆為藝術家精心佈局而妙意獨具，他將山水的秀、岸諸的曲、樹木的奇、春意的鬱盡納筆下，汩汩詩情雋永流出，正體現其貫通東西藝術形式美、譜寫生命意境、寫通天盡人之懷的藝術高妙。作品由現亞洲重要私人藏家於1997年拍賣購得，在過去26年來悉心珍藏，如今甫再面市，為收藏吳冠中創作黃金時期經典代表可遇不可求之良機！
春拂新枝，深重歸根：擁抱天地的生之頌
《富春江之晨》中最令人驚嘆的，乃是對樹木姿態與枝幹線條詩意的描寫，堪為一絕。「寫其起伏，寫其疏密，寫其線之流竄，畫面上於是掀起一陣點、線、面的喧鬧。」在此畫中構圖安排上，他將幾棵自坡地斜向生長的奇樹置於畫幅中央，以充滿力量感、衝霄入雲的氣勢幾乎貫穿整張畫幅。林木間可見如「夫妻樹」般依偎交織，或昂首而立、競相生長，賦予了樹木擬人化的性格和隱喻，並同時構繪出親疏錯落的動態、平衡之美。當中點、線、面頓挫昂揚的姿態豐富得不可思議，得見藝術家在書法、線條表現之美的完熟掌握，以及在 90年代開展的抽象形式美之雛形，增添此作深意。
觀其描摹樹幹，落筆剛勁，以律動的橫向短筆層層向上迭動，令枝幹綿延如龍蛇競走、盤空升騰，塑造出堅實明朗、身曲神直的風骨；其間枝條飛揚，如絲如縷，具北宋李成蟹爪枝的參差野逸，其下筆不帶一絲一毫的遲滯，提頓靈動，俐落分明，將樹木的身姿與生命力不斷往外延伸、擴大，最左者若像伸出雙手與張開每一個細胞奮力地擁抱所處的世界，戲劇性地展現早春冷冽中自強不息的生命力，而在枝條的綿密交織中亦透出呼吸的空間、將空間感往前推進；在江岸的土壤，幾筆刮刀在最下角帶出縱向的線條，如同樹木的根鬚紮入大地，為此清風春意增添一份「深重歸根」的情懷。畫面最核心的三棵樹木合以線之舞動，呈現疏密有致、主次分明的筆墨韻律，旁逸斜出的奇絕之姿，帶來隨風拂而起舞的動感，靜中生動，生趣盎然。而若再細看其間，可發現點狀的綠色彩筆如音符般歡欣躍動，展現綠芽新抽、春葉萌發的新生力量。作品以樹木為具象載體，自東方書法的勢象走筆，將之注入擬人化的情感與性格，傳達了大地在寒冬過後，自然以蘊藉了強大與堅毅的生命力，正欲起舞而動，如初醒般展現萬般春華，其間渾然天成的生之韻律與詩意的感受，值得細細品味。
搜妙創真，彩筆賦情的文人詩篇
「世間盡有奇險之處，非畫家傳寫，老死牖下者不得見矣。然亦不必世間定有是處也。凡畫家胸中之所有皆世間之所有也。」
——明末清初畫家龔賢
而有別於其他富春江之作多以橫幅呈現，此件《富春江之晨》獨到地以如傳統水墨畫的縱向、深遠的佈局經營，創造出「咫尺之圖，寫千里之景」的廣邈，既具淡泊致遠的縹緲韻味，又見方寸間構繪天地的奇絕張力，將古今畫意合融其中，獨創富春風情。
在創作《富春江之晨》前的1962年，吳冠中於《美術》雜誌上發表《談風景畫》一文，提出：「我覺得在直接對景寫生中感受較深，無論是捕捉色彩的敏感性和用筆效果等方面是很可貴的」的主張，肯定了寫生之重要性。他將此般銜接上源下流，兼具平遠、深遠，通達東西南北走向的寫生意識傳遞在《富春江之晨》中。在構圖上，承接南宋馬遠、夏圭「半山半水」與元代倪瓚「一河兩岸」的遺風，由江岸一隅切入，契合富春江「兩岸夾江，中有沙洲」的天然地形，隨綠岸、斜樹、沙汀、白帆、屋宇以及如同詩意留白淺降的藍灰用色，步步讓空間從前景的樹林遞向遠方的山水、天際，營造出強烈的空間層次和透視感，鋪展出如南北朝詩人吳均筆下「風煙俱淨，天山共色。自富陽至桐廬一百許里，奇山異水，天下獨絕！」的富春畫卷。
與此同時，吳冠中亦在法度之中探求新意，充分強調自由構圖的創新意識和彩筆賦情的光色表達，「我自己作畫時，也是先遊一遍，構思一番，在小本上或腦子裡構好圖，乃至動手寫生時，作成一幅畫往往要變換幾次寫生地點」。畫中景物組織，並非拘泥於對實景的平鋪直敘，而是將縱與橫、藏與顯、起與伏、明與晦的變化關係，巧妙穿插。畫中江波浩渺，堤岸曲動，以縱橫之向引入大氣曠遠的傳統東方山水畫境。但放眼江岸，百草豐茂，樹木斜生，高明度的靛藍、鵝黃、翠綠、赭石、橄欖綠等豐富色彩流動交疊，與畫中綠如碧藍的一江春水相互映襯，以西方繪畫中強調的肌理感構建草木華滋、水天一色的和諧音韻。而推至江中的沙洲寒汀，影影綽綽中獨現富春江的別韻靈秀，乘風遠航的白帆漁船，在枝葉的縫隙中清晰露出，一隱一現，更添清晨時分薄霧漫漫的詩性畫意。而當視線游至遠方，江南的白牆黑瓦，如縈繞心頭的故鄉，在對岸浮現，在縹緲的遠山中訴說對故鄉的深情。藉由景與彩的精心裁剪，吳冠中以寫生的造化感知，走向更為廣闊的寫意心源。
藝評家徐虹曾評述：「作品《富春江之晨》(1963)、《富春江》(1963)、《微山湖》(1962)等作品可以看到吳冠中對傳統山水和樹木畫法的採用，中國傳統繪畫中的審美意境——『空靈』、『蕭疏』、『淡泊』、『飄逸』——時而直接時而含蓄地流露於畫面之中……吳冠中最有中國特色的作品還不僅僅是發揮『水性』的形式，而是更有綜合內容的，包括對色彩的平面化處理，點、線、面的抽象結構和簡化了的具體物象關係，以及油畫色彩的濃重和豐富性，與中國民間藝術清新明朗的格調和傳統中國畫淡雅清澄趣味的結合。」《富春江之晨》將山水構圖、筆墨章法，綜合性地匯融在那簡靜悠遠、充滿文人雅韻的油彩色調之中，把江南的濃濃詩景訴諸筆端，化為境的新生，在這雋永毓秀的畫幅中，傳遞了吳冠中六〇年代以西式彩筆賦情寫意的美學高度，展現如石濤「借筆墨以寫天地萬物而陶泳乎我也」的精神追求。
勤勉富足：一日之計在於晨，永恆的生命情味
「踏遍祖國的角角落落，窮鄉僻壤，體會到土地的芬芳與人民純樸的心腸。排除了名、利的干擾與誘惑，寂寞耕耘了三、四十年，一味追求自己的藝術理想，漫長歲月中與外界完全隔絕了，過著孤陋寡聞的生活，但卻是地地道道土生土長的年華。」
——吳冠中
寄情山水而融於自然，隱於山林而忘於江湖，600年前，黃公望在《富春山居圖》中抒寫天人合一的真諦，令富春江成為「精神的歸隱之地」。然而吳冠中的《富春江之晨》，卻不止於文人山水。在1994年展覽畫冊中，他為此件題寫道：「薄霧春陰，帆影遠，富春江上打漁船。」契合題意中「晨」始初春、萬物復甦的意境，在初晨的薄靄裡，投下生命的縮影：畫中晨起洗衣的婦人、江中遠行的漁舟、帆船、白牆黑瓦的徽派屋舍，都透露著來自江南人家的煙火氣息，訴說著勤勉富足、蓬勃朝氣的生命力量。
在這一山晴空、一水澄澈之中，吳冠中以「風箏不斷線」、連接生活情味的藝術理念，自富春江清晨的風土人情中，道出「一年之計在於春，一日之計在於晨」這一亙古不變的生命思索，以「一江煙水照晴嵐，兩岸人家接畫簷」的畫境中，滌蕩著天地悠悠、歲月無疆的澄澈心懷！
秉持對美的堅貞信仰，吳冠中行走在貫穿其生命歷程的寫生山水行旅中。其人其藝，正如《富春江之晨》畫中那雪融柳綠、天青垂水、草長鶯飛的初春時分，走過歲月江河，依然欣欣向榮，永遠生機勃勃，始終是那初生的不息力量。 Oil on wood panel 61 × 46 cm. 24 × 18 1/8 in. Painted in 1963 Signed in Chinese and dated on bottom right; titled and signed in Chinese on the reverse
LITERATURE
1994, Panorama by Wu Guanzhong, L'Atelier Production Pte Ltd., Singapore, p.22-23, pl. 6
1994, Art Asia Hong Kong, International Fine Art Expositions, Hong Kong, p. 157
1994, Wu Guanzhong: A Journey of Individualism, Notices The Gallery, Singapore, pl. 62
2007, The Complete Works of Wu Guanzhong, vol. II, Hunan Art Publishing House, Changsha, p. 141
2008, Paintings by Wu Guanzhong vol. II, Jiangxi Fine Art Publishing House, Jiangxi, p. 263 EXHIBITED
28 Oct – 2 Nov 1994, Tresors Singapore, Singapore
10 – 13 Nov 1994, Wu Guanzhong: A Journey of Individualism, Notices The Gallery, Singapore
17 – 21 Nov 1994, Panorama by Wu Guanzhong, Art Asia Hong Kong, The Booth of Soobin Art Gallery and Zee Stone Gallery, Hong Kong
PROVENANCE
3 Nov 1997, Christie's Hong Kong Autumn Auctions, Lot 324
Acquired directly by present important private Asian collector from the above
Embracing Moments in an Ever-Changing World
Rare 1960s Museum Quality Oil Painting Masterpiece by Wu Guanzhong – Morning Scene of Fuchun River
In 1994, Wu wrote in the exhibition catalogue for Panorama by Wu Guanzhong: “I walked the lush mountains in the footsteps of Xu Xiake, but traveled further than Xu investigating the hidden mysteries of things ... I reveled in the differences of landscapes and the diverse lives of people, but I did not paint from real life or keep a pictorial diary during my travels, choosing instead to focus on certain subjects and craft my own artistic skills.” In 1991, the artist received the Ordre des Arts et des Lettres from the French Ministry of Culture, in 1992 he became the first living artist to hold a solo exhibition at the British Museum and in 2002 was elected as a fellow to the Académie des Beaux-Arts. As a “modern day Xu Xiake,” the 50-year artistic journey of Wu Guanzhong saw him become adept at “cultivating eastern and western elements in equal measure” as well as “land and water vistas.” He also dabbled in Western oil painting and watercolours, while embracing Chinese ink and pen painting as a way of repaying the nurturing provided by the mountains and rivers of his homeland.
Wu Guanzhong's oil painting work reached its first peak in the 1960s. The work being auctioned on this occasion is Morning Scene of Fuchun River completed in 1963, a museum quality oil painting and excellent example of the artist's ability to combine Eastern and Western aesthetic forms with a literati feel. The piece was previously included in the touring solo exhibition Panorama by Wu Guanzhong which visited Singapore and Hong Kong. It also made a later appearance in the Wu Guanzhong: A Journey of Individualism exhibition in Singapore, where it was well received, and has featured in five authoritative publications, including the artist's catalogue raisonné and the Art Asia Hong Kong exhibition catalogue in 1994, indicating the importance of the painting.
Exquisite Brushwork, Employed to Depict Unique Scenery
In the spring of 1963, Wu Guanzhong traveled to Fuchun River in Tonglu County, Zhejiang Province to paint from real life. The river has been world-renowned since ancient times and is sometimes called the “Little Three Gorges.” Faced with the wonderful scenery of southern China, the place of his birth, Wu appears to have been particularly inspired or motivated and painted six works with the name “Fuchun River” in the title in quick succession. These pieces were all of roughly the same dimensions, but each one showcased a scene on Fuchun River from a different and unique perspective – fishing boat, sandbar, blue water, river bank, terraced fields, strange-shaped trees. Thereafter, Wu never again painted the area, making this a “never before known and never again occurring” period in his creative career. Limited by his financial circumstances in the 1960s, Wu Guanzhong did not produce many oil paintings at that time and cherished every opportunity he had to travel and paint from real life, so much so that he often painted the same scenes two or three times from different perspectives. Moreover, if we review the oil paintings Wu produced throughout his career Fuchun River was the thematic series for which he produced most pieces of similar dimensions. Thereafter, he visited Laoshan in 1975 and painted six oil paintings of different dimensions to record his trip. This highlights the special nature of the earlier works while also revealing how in the 1960s the artist challenged himself to create an artistic style imbued with myriad changes when painting multiples works of the same scenery in similar dimensions. As such, this piece is an important testament to Wu's well-honed painting skills and surging inspiration.
The work Fishing Boats on the Fuchun River from the same series is already part of the collection of the China Art Palace in Shanghai, whereas By the Side of the Fuchun River with its depiction of the blue river water exchanged hands in 2021 for 26.45 million Yuan. In addition, the auctioned piece Morning Scene of Fuchun River has the most intriguing composition of the six works in the series. It starts with a close up visual of strangely-shaped trees showcasing the natural and cultural landscape of the river, while the artist exquisitely and meticulously lays out the brushwork, use of colour, composition and artistic conceptualization of the work. The painting was purchased at auction by an important private Asian art collector in 1997 and has been well looked after in the intervening 26 years. Its appearance on the market after such a long time represents a serendipitous opportunity for any art lover looking to add a classic work from the peak creative period of Wu Guanzhong.
New Spring Shoots, Back to the Beginning: In Praise of Embracing Life
The most wonderful part of Morning Scene of Fuchun River is the way in which Wu's depiction of the posture and lines of the branches imbues them with poetry. In terms of composition, he places a small number of strange-shaped-trees on a slope, growing at an angle, in the very centre of the work. These exude a sense of strength and seem to almost soar into the sky with an energy that informs the whole painting. The way in which the trees are intertwined like a “couple tree,” stood firm and tall and appear to be competing to grow, also imbues them with anthropomorphic qualities, while at the same time constructing a dynamic focused on closeness, distance and the beauty of balance. Through the rich array of dots, lines and surfaces the artist's comprehensive training in calligraphy and line expression is showcased, as are the embryonic forms of abstract beauty that he first started to use in the 1990s, adding greater depth and meaning to the work.
If we look at the way in which Wu depicts the tree trunks, the strength of the brush strokes can be seen in the layers of vivid rhythmic lateral upward-moving short strokes. Of these, some of the branches seem to soar, but the artist shows no hesitation with his brush which is reminiscent of the jagged yet graceful crab-claw trees painted by Northern Song artist Li Cheng (919-967), with an emphasis on the way the physicality and life energy of the trees extends outwards. The tree to the far left appears to be reaching out its arms and straining every fiber of its being to embrace the world, dramatically showcasing an inextinguishable energy even in the coldness of early spring; If we look more closely, the green dots jump with joy like musical notes, drawing attention to the new life represented by the green shoots. As to the soil on the riverbank, a few strokes of a painting knife in the bottom righthand corner create lateral lines that resemble roots planted in the ground, which adds a sense of nostalgia at “returning to one's roots” to the scene. The dance-like movement of the lines shared by the three trees at the centre of the work highlights an ink rhythm informed by order and vitality in stillness. With the trees as a representational vehicle, Chinese calligraphic brushwork imbues the depiction with human-like sentiment and character, conveying how after winter passes the strength and unbowed vitality of nature stirs to life. As if waking for the first time, a cornucopia of spring glory is displayed, with the rhythm and poetry of naturally formed life being something to very much savor.
Searching for Truth, “Literati Poetry” Comprised of Colourful Brushwork Imbued with Emotion
Whereas most other depictions of Fuchun River are horizontal paintings, Morning Scene of Fuchun River adopts a vertical perspective and depth layout more familiar in traditional Chinese ink painting, creating a broad and remote view that appears simultaneously “close but seemingly a thousand li distant.”
In the year before painting Morning Scene of Fuchun River, Wu Guanzhong wrote an article titled On Landscape Painting in Art Magazine in which he affirmed the importance of painting from real life: “I find that the feelings run deeper when I directly face what I paint, which is invaluable when seeking to capture the sensitivity of colour or the effect of brushwork.” In terms of composition, he also followed the “half water, half mountain” approach of Ma Yuan (1160-1225) and Xia Gui (1195-1224) from the Northern Song Dynasty and the “two banks” focus of Ni Zan (1301-1374) in the Yuan Dynasty, in this instance depicting a corner of the river where the natural topography of Fuchun River shows sandbanks in between the two riverbanks. The combination of green river banks, angular trees, sandbanks, white sails, buildings and the poetic blank space-like blue-grey colour, creates a powerful sense of spatial layering and perspective that allows the space to evolve from the trees in the foreground to the landscape and horizon in the distance.
At the same time, Wu Guanzhong also emphasizes the innovative consciousness of free composition and the expression of light by colours imbued with sentiment. As such, the organization of the scenery is in no way limited by the need to rigidly portray reality. Indeed, Wu chooses to ingeniously intersperse the work with the changing relationship between horizontal and vertical, hidden and shown, rising and falling, bright and dark elements. In the painting the wide expanse of the river together with the arc of the embankment and its length and breadth introduce the atmosphere and expansiveness of traditional Chinese landscape depictions. However, if we look at the river bank, the lush grass and sideways growing trees, together with the flowing interplay of rich colours -- bright indigo, light yellow, emerald green, ocher and olive green -- contrasts with the green-blue water of the river. In this way, Wu adopts the textural feel of Western painting to construct the lush flora and harmonious sky and water painted the same colour. The eye-line of the viewer gravitates to the distance as the white walls and black tiled roofs of southern Chinese buildings appear on the other bank among the ethereal mountains in the distance, a testament to the depth of feeling the artist feels for his homeland. Moreover, through the intricate shaping of scenery and colours, Wu Guanzhong takes the creative perception that comes with painting from real life and takes it in the direction of a broader freehand expression of heartfelt sentiment.
Riches of Diligence: The Morning Is the Most Valuable Time, Imbued with the Immutable Taste of Life
Huang Gongwong(1269-1354) painted the classic work Dwelling in the Fuchun Mountains more than six centuries ago. In it he depicted the true essence of man and nature united while forever denoting Fuchun River as a “place of spiritual seclusion.” However, Wu Guanzhong's Morning Scene of Fuchun River is more than a mere literati landscape. In the 1994 exhibition catalogue he wrote: “Among the mist and spring shade, there are shadows of sails in the distance and fishing boats on Fuchun River.” The framing “morning” in the title of the painting depicts the “early spring” when living things burst back into life, and in the early morning mist the artist presents a microcosm of life: housewives getting up to wash clothes, the fishing boats in the distance, sailboats and white-walled, black-tiled roof Hui style buildings reflect life of southern China, while also underscoring a life informed by the riches of diligence and vitality. Among the mountains, sunny sky and clear water, Wu Guanzhong uses the idea of “the unbroken string of the kite” to tie together an artistic philosophy informed by life scenarios. Indeed, the local scenes played out along Fuchun River in the morning are a testament to the immutable ancient aphorism that “spring is the most important part of the year, the morning the most important time of the day.” Moreover, in the scene of “connected houses on the river banks in the early morning mist, sun and cloud,” viewers can experience for themselves the timelessness of Heaven and Earth, the boundlessness of time.
CONDITIONS OF BUSINESS FOR BUYERS The following provisions may be amended by public notice or verbal notifi cation during the auction. By bidding at the auction, the Bidder agrees to be bound by the following provisions. Article 1 China Guardian (Hong Kong) Auctions Co., Ltd. as the Auction Agent Unless otherwise provided, China Guardian (Hong Kong) Auctions Co., Ltd. shall serve as the Seller’s agent. The contract for the sale of the Auction Property shall be the contract between the Seller and the Buyer. These Conditions, the Conditions of Business for Sellers, and all other terms, conditions and notices contained in the catalogue, announced by the Auctioneer or provided in the auction venue in the form of an announcement shall constitute the terms agreed among the Seller, the Buyer and/or China Guardian (Hong Kong) Auctions Co., Ltd. as the auction agent. Article 2 Defi nitions and Explanations 1. The following terms herein shall have the meanings assigned to them below: (1) “Company” means China Guardian (Hong Kong) Auctions Co., Ltd.; (2) “China Guardian” means China Guardian Auctions Co., Ltd., with its domicile at 3/F, Offi ce Area, Guardian Art Center, No.1 Wangfujing Street, Dongcheng District, Beijing, People’s Republic of China; (3) “Seller” means any person, company, body corporate or entity that offers Auction Property for sale. Unless otherwise stated or specifi cally required by the context, the term “Seller” herein shall include the Seller’s agent (excluding the Company), executor or personal representative; (4) “Bidder” means any person, company, body corporate or entity that contemplates, makes or attempts a bid in any manner. Unless otherwise stated or specifi cally required by the context, the term “Bidder” herein shall include the Bidder’s agent; (5) “Buyer” means the Bidder, including the principal of a person bidding as an agent, the highest bid or off er of whom is accepted by the Auctioneer in the auction held by the Company; (6) “Buyer’s Commission” means the commission that the Buyer must pay to the Company based on the Hammer Price at the rate specifi ed herein; (7) “Auction Property” means the item(s) that the Seller consigns to the Company for auction and which are auctioned off at the auction; (8) “Auction Date” means, for a particular auction, the date announced by the company on which the auction will offi cially commence; (9) “Sale Date” means the date on which the transaction of an Auction Property is confi rmed by the striking of the hammer by the Auctioneer or other public indication by the Auctioneer that a transaction has been struck in the auction held by the Company; (10) “Auctioneer” means the person that the Company designates to preside over a particular auction; (11) “Hammer Price” means the price at which the Auctioneer strikes the hammer, deciding the sale of the Auction Property to the Buyer, or, in the case of a post-auction transaction, the agreed upon sale price; (12) “Purchase Price” means the total amount that the Buyer is required to pay for his or her purchase of an Auction Property, including the Hammer Price plus the Buyer’s Commission, and the taxes, levies, interest and various charges payable by the Buyer; (13) “Buyer Charges” means the expenditures and expenses relating to the sale of an Auction Property by the Company, including but not limited to the charges for insurance, packing, transport, storage and custody that the Company is required to purchase in respect of the Auction Property, expenses for testing, investigation, searching or authentication of an Auction Property additionally requested by the Buyer and additional expenditures and legal expenses incurred in seeking recourse against a defaulting Buyer; (14) “Reserve” means the confidential minimum selling price for an Auction Property determined by the Seller and the Company; (15) “Estimated Price” means the estimated sales price of an Auction Property indicated in the catalogue or after other descriptive text, and excluding the Buyer’s Commission; (16) “Storage Fee” means the charge for storage that the Buyer is required to pay to the Company in accordance herewith. 2. As required by the context, the singular of a term herein includes the plural thereof, and vice versa. Unless otherwise required by the context: (i) the Buyer and the Company are herein collectively referred to as the “Parties”, and a “Party” refers to either Party; (ii) Any mention of legal provisions shall be construed as including any future amendments to, or re-enactment of, such provisions; (iii) Any mention of “person” shall include natural persons, companies, legal persons, enterprises, partnerships, individual proprietorships, governmental or social organizations and organizations comprised of more than one of the foregoing; (iv) Any mention of “Article” or “Clause” refers to the Articles or Clauses hereof; (v) The headings are provided for ease of reference only, and shall not aff ect the interpretation hereof. Article 3 Applicable Scope All Bidders, Buyers and other concerned parties participating in the auction of such collectibles as cultural artifacts, works of art, etc. organized and conducted by the Company shall act in accordance herewith. Article 4 Special Notice All Bidders and Buyers participating in the auction by the Company shall carefully read and abide by these Conditions, and, in particular, they shall carefully read the provisions hereof on the liability of the Company, the restrictive provisions, and the disclaimers. The Bidder and/or his or her agent is/are responsible for viewing the original Auction Properties in person, and shall be legally liable for his or her bidding on the Auction Properties. The Company may at its own discretion postpone or cancel any auction due to weather or other reasons and shall not be liable to make any compensation to the Bidder. Article 5 Responsibilities of the Bidder and the Company in Respect of the Auction Properties 1. The Company’s perception of an Auction Property is partly dependent on the information provided by the Seller, the Company is in no position to and will not carry out comprehensive due diligence of the Auction Properties. The Bidder is aware of this and shall be responsible for inspecting and examining the original Auction Properties so as to satisfy himself or herself in respect of those Auction Properties which he or she may be interested in. 2. All Auction Properties to be sold by the Company are available for viewing by the Bidder before sale. Where the Bidder and/or his or her agent participates in bidding, the Bidder shall be deemed as having thoroughly examined the Auction Properties, and to be satisfi ed with the condition of, and the accuracy of the description of, the Auction Properties. 3. The Bidder confi rms that numerous Auction Properties are of great age and of special types, meaning that they are not necessarily sound and free from defects. All Auction Properties are sold “as is” at the time of the auction (whether or not the Bidder attends the auction in person). Condition reports may be provided at the time of viewing the Auction Properties. Under certain CONDITIONS OF BUSINESS FOR BUYERS 理由； 將狀況與銷售予買家當日相同，並能轉移其妥善所有權且自銷售日期後 並無出現任何第三方申索之拍賣品退還予本公司。 (三) 有關現代及當代藝術、中國油畫以及中國書畫，雖然目前學術界不 容許對此類別作出確實之說明，但本公司保留酌情權按本保證但以拍賣 日後一年內為限取消證實為膺品之現代及當代藝術、中國油畫以及中國 書畫拍賣品之交易；已付之款項按本條規定退還予買家，但買家必須在 拍賣日起一年內向本公司提供證據(按本條第(二)、(四)款規定的方式)， 證實該拍賣品為膺品； (四) 本公司可酌情決定豁免上述任何規定。本公司有權要求買家索取兩 名為本公司及買家雙方接納之獨立及行內認可專家之報告，費用由買家 承擔。本公司無須受買家出示之任何報告所規限，並保留權利尋求額外 之專家意見，費用由本公司自行承擔。 第三十四條 資料獲取、錄影 就經營本公司的拍賣業務方面，本公司可能對任何拍賣過程進行錄音、 錄影及記錄，亦需要向競投人搜集個人資料或向第三方索取有關競投 人的資料(例如向銀行索取信用審核)。這些資料會由本公司處理並且保 密，唯有關資料有可能根據本規則的目的或其它合法目的，提供給本公 司、本公司的分部、附屬公司、子公司、母公司、中國嘉德、中國嘉德 的分部、附屬公司、子公司、母公司，以協助本公司為競投人提供完善 的服務、進行客戶分析，或以便提供符合競投人要求的服務。在本規則 項下的交易完成後(如適用)，本公司可在法律容許的合理時間內，保存 及使用已收集的個人資料。如競投人或買家欲查閱及／或更正存於本公 司的個人資料，可書面致函本公司(連同合理的行政費)提出有關要求。 為了競投人的權益，本公司亦可能需要向第三方服務供應商(例如船運公 司或存倉公司)提供競投人的部份個人資料。競投人參與本公司的拍賣， 即表示競投人同意上文所述。如競投人欲獲取或更改個人資料，請與客 戶服務部聯絡。 第三十五條 版權 賣家授權本公司對其委託本公司拍賣的任何拍賣品製作照片、圖示、圖 錄或其他形式的影像製品和宣傳品，本公司享有上述照片、圖示、圖錄 或其他形式的影像製品和宣傳品的版權，有權對其依法加以無償使用。 未經本公司事先書面同意，買家及任何人不得使用。本公司及賣家均並 未作出拍賣品是否受版權所限或買家是否取得拍賣品之任何版權的陳述 及保證。 第三十六條 通知 競投人及買家均應將其固定有效的通訊地址和聯絡方式以競投登記文 件或其他本公司認可的方式告知本公司，若有改變，應立即書面告知 本公司。 本規則中所提及之通知，僅指以信函、電子郵件、傳真或透過本公司 APP用戶端(“APP用戶端”)形式發出的書面通知。該等通知在下列時間 視為送達： (一) 如是專人送達的，當送到有關方之地址時； (二) 如是以郵寄方式發出的，則為郵寄日之後第七天； (三) 如是以傳真方式發出的，當發送傳真機確認發出時； (四) 如果是以電子郵件形式發出的，當在電子郵件記錄上確認發出之時； (五) 如本公司透過APP用戶端方式發出的，則發送當日為競投人及買家 收到該通知日期。 第三十七條 可分割性 如本規則之任何條款或部分因任何理由被認定為無效、不合法或不可執 行，本規則其他條款或部分仍然有效，相關各方應當遵守、執行。 第三十八條 法律及管轄權 (一) 本規則及其相關事宜、交易、因依照本規則參加本公司拍賣活動而 引起或與之有關的任何爭議，均受香港法律規管並由香港法律解釋。 (二) 受制於第三十八（三）條的規定，香港法院對本公司拍賣活動而引 起或與之有關的任何爭議（“該爭議”）擁有專屬管轄權。本公司、買 家及競投人同意香港法院為最合適及便利的法院以解決該爭議。因此， 任何一方不會就此提出反對。 (三) 本第三十八（三）條只受益於本公司。本公司有權於任何其他具管 轄權的法院就該爭議提起訴訟而不受任何限制。在法律允許的範圍內， 本公司可在若干司法管轄區同時進行訴訟。 第三十九條 語言文本 本規則以中文為標準文本，英文文本為參考文本。 英文文本如與中文文本有任何不一致之處，以中文文本為準。 第四十條 規則版權所有 本規則由本公司制訂和修改，相應版權歸本公司所有。未經本公司事先 書面許可，任何人不得以任何方式或手段，利用本規則獲取商業利益， 亦不得對本規則之任何部分進行複製、傳送或儲存於可檢索系統中。 第四十一條 適用時期 本規則只適用於本次拍賣，本公司可不時更新本規則，競投人和買家參 與另一次拍賣的時候應以當時適用的買家業務規則為準。 第四十二條 解釋權 日常執行本規則時，本規則的解釋權由本公司行使。如買家、賣家與本 公司發生法律爭議，在解決該爭議時，本規則的解釋權由具管轄權的法 院行使。 版本日期：2022年5月11日 本公司地址：香港金鐘道89號力寶中心一座五樓 circumstances, the catalogue descriptions and condition reports may serve as reference about certain defects in the Auction Properties. Nevertheless, the Bidder should note that the Auction Properties may have other defects not expressly stated in the catalogue or condition reports. 4. The information concerning any Auction Property provided to the Bidder, including any forecast information (written or verbal), and any information, rules or other reports, commentaries or estimated values contained in the catalogues, are not statements of fact, but rather statements of the opinions held by the Company. Such information may be revised at the sole discretion of the Company from time to time. 5. Neither the Company nor the Seller gives any representations or warranties as to whether any Auction Property is subject to any copyright or whether the Buyer has bought the copyright in any Auction Property. 6. Subject to Articles 5(1) to 5(5) and the specifi c exemptions contained in Article 6 hereof, the catalogue descriptions and condition reports are made by the Company in a reasonable and prudent manner (consistent with the provisions relating to the Company as the Auction Agent) based on (1) the information provided by the Seller to the Company; (2) academic and technical knowledge (if any); and (3) generally accepted opinions of relevant experts. Article 6 Exemption of Liability Toward the Buyer and Limitations 1. Subject to Article 5 and Articles 6(1) and 6(4) hereof, the Company or the Seller shall not: (1) be liable for any errors or omissions in the information provided by the Company to the Bidder, whether verbally or in writing, regardless of whether due to negligence or otherwise; (2) give any guarantee or warranty to the Bidder, and any implied warranties or conditions other than the express warranties given by the Seller to the Buyer through the Company are excluded (except where it is provided in law that such liabilities may not be exempted); (3) be liable to any Bidder for any actions or omissions in respect of any matter relating to the auction or sale of any Auction Property by the Company (regardless of whether due to negligence or otherwise). 2. Unless the Company owns the Auction Property to be sold, it shall not be liable for any breach of these Conditions by the Seller. 3. Without prejudice to Article 6(1) hereof, the amount of any claim that a Bidder may lodge against the Company or the Seller shall be limited to the Hammer Price of the Auction Property and the Buyer’s Commission. Under no circumstance shall the Company or the Seller bear any consequential losses incurred by the Buyer. 4. Article 6 hereof does not exempt or restrict the liability of the Company for any fraudulent misrepresentation made by the Company or the Seller, nor for any personal injury or death arising due to the negligence of or an omission by the Company or the Seller. Article 7 Catalogue and Other Descriptions of the Auction Property All statements made by the Company about an Auction Property in the catalogue or in the condition reports, or separately made verbally or in writing, are statements of opinion only, and shall not be relied upon as statements of fact. Such statements do not constitute any representation, warranty or assumption of liability by the Company in any form. The relevant defects and restorations mentioned in the catalogue or the condition report for an Auction Property are for guidance only and shall be reviewed in person by the Bidder or a representative with the relevant knowledge. The absence of a reference to the above-mentioned information does not mean that the Auction Property is completely free from defects or has never been restored. Furthermore, even if reference is made to a specifi c defect, this does not mean there are no other defects. Where there is a discrepancy between the tone, colour, texture or shape of an Auction Property in the catalogue and/or in any other manner of illustration, video recording or publicity materials and that of the original, due to printing, photographic or other such technical reason, the actual Auction Property shall prevail. Bibliographies cited in any description of an Auction Property by the Company, its employees or its agents are for the Bidder’s reference only. The Company will not provide the originals or photocopies of the bibliographic publications or other such materials, and reserves the right to revise the cited descriptions. Article 8 Reserve and Estimated Price A Reserve is set for all of the Company’s Auction Properties, unless it is indicated or stated that an Auction Property is not subject to such a Reserve. In general, the Reserve is not higher than the low Estimated Price announced or published before the auction by the Company. If a Reserve has not been set for an Auction Property, unless there already have been bids, the Auctioneer shall have the right, at his or her discretion, to decide the starting price, which, however, may not be higher than the low Estimated Price of the Auction Property before the auction. Under no circumstance shall the Company bear any liability in the event that the bids for an Auction Property fail to reach the Reserve at the auction held by the Company. If the bids for an Auction Property are lower than the Reserve, the Auctioneer shall have the right, at his or her discretion, to sell the Auction Property at a price lower than the Reserve. However, under such a circumstance, the amount that the Company shall pay the Seller shall be the amount that the Seller would have received had the Auction Property been sold at the Reserve. An Estimated Price is estimated some time before the Auction Date, is not a defi nitive selling price, and is not legally binding. No Estimated Price may serve as a forecast of the Hammer Price for an Auction Property, and the Company has the right to revise from time to time Estimated Price(s) that have already been made. Article 9 Bidding at Auction Bidders shall bid through the following methods: 1. The Bidder shall attend the auction in person, and complete the registration and pay a bid deposit before obtaining a paddle as required, subject to Article 10 to Article 12 hereof; or 2. Subject to Article 15 hereof, the Bidder may appoint the Company in writing to bid on his or her behalf by a duly completed and signed Telephone Bidding Form of the Company (“Telephone Bidding Form”); or 3. The Bidder shall adopt the Live Auction Platform which authorized by the Company. Article 10 Bidder Registration Where the Bidder is an individual, he or she shall fi ll in and sign before the Auction Date the registration documents on the strength of an identity document with photo issued by the government (such as a resident identity card or passport), and provide proof of his or her current address (e.g. a utility bill or bank statement); where the Bidder is a company or other organization, it shall fill in and sign the registration documents on the strength of its valid incorporation document, proof of shareholding and lawful authorization document, and collect a paddle before the Auction Date. The Company may request the Bidder to present banking information for making payment or other proof of fi nancial standing. Article 11 Paddle The Company may, depending on the auction conditions and auction method, announce before the Auction Date the conditions and procedures for obtaining a paddle, including but not limited to formulating the qualifi cation conditions necessary for Bidders to carry out the procedures for obtaining a paddle. The Company solemnly reminds the Bidder that a paddle is the sole proof for the Bidder to participate in the bidding in person. The Bidder shall keep the same in safe custody and may not lend the same to other persons. In the event it is lost, the Bidder shall promptly carry out the loss report procedures by way of a written method approved by the Company. All of the bidding acts carried out during the auction by a paddle holder, regardless of whether he or she has been appointed by the Bidder, shall be deemed as having been done by the paddle registrant himself or herself, and the Bidder shall bear the legal liability for the acts of such person, unless the paddle registrant has himself or herself carried out with the Company the procedures for reporting the loss of a paddle by way of a written method approved by the Company, and the paddle in question is declared void by the Auctioneer on the spot. Article 12 Bid Deposit When the Bidder participates in the Company’s auction, he or she shall pay a bid deposit before collecting the paddle. The amount of the bid deposit shall be announced by the Company before the Auction Date, and the Company has the right to reduce or waive the bid deposit. If the Bidder fails to buy an Auction Property and does not have any amounts owing to the Company, its divisions, affiliates, subsidiaries or parent, or China Guardian, its divisions, affiliates, subsidiaries or parent, the entire amount of the bid deposit shall be refunded to the Bidder without interest within 14 working days after conclusion of the auction. If the Bidder becomes the Buyer, the bid deposit shall automatically be transformed into the deposit for payment of the Purchase Price of the Auction Property. Article 13 Discretion of the Company The Company has the right, at its discretion, to refuse anyone from participating in the auction held by the Company, entering the auction venue, or taking photos, audio recordings or video recordings, etc. in the auction venue. Article 14 Bidding as Principal Unless a particular Bidder has presented written proof to the Company indicating that he or she is the agent of a particular Bidder and the same has been approved in writing by the Company, each Bidder shall be deemed to be the Bidder himself or herself. Article 15 Telephone Bids The Bidder shall attend the auction in person. If he or she cannot attend in person or by way of an agent, he or she may appoint the Company in writing using the Telephone Bidding Form to bid on his or her behalf. The Company shall have the discretion to decide whether or not to accept such an appointment. If the Bidder wishes to appoint the Company to bid on his or her behalf, he or she should have completed the appointment procedures of the bids by the prescribed deadline (no later than 24 hours before the Auction Date), present a duly completed and signed Telephone Bidding Form to the Company, and paid the bid deposit pursuant to these Conditions. If, having appointed the Company to bid on his or her behalf, the Bidder wishes to cancel the appointment, he or she shall notify the Company in writing no later than 24 hours before the Auction Date. Article 16 Outcome of Telephone Bid If the Bidder has appointed the Company to bid on his or her behalf, the bid outcome and relevant legal liabilities shall be borne by him or her. The Bidder shall accurately provide the instant communication method (such as mobile phone number) and keep such instant communication instrument in safe custody. While the Company is appointed to bid on the behalf of the Bidder, the Bidder shall personally use the instant communication instrument. In event of loss of, or loss of the control of, the instant communication instrument in question, the Bidder shall promptly revise by way of a written method approved by the Company the instant communication method provided on the Telephone Bidding Form. While the Company is appointed to bid on the Bidder’s behalf, it will (use timely and appropriate effort) to contact the Bidder, and all of the bidding information transmitted by the instant communication instrument (regardless of whether it is transmitted by the Bidder himself or herself or the Bidder’s Agent) shall be deemed as having been transmitted by the Bidder himself or herself, and the Bidder shall be legally liable for the actions thereof, unless the Buyer has himself or herself altered by way of a written method approved by the Company the instant communication method provided on the Telephone Bidding Form. Nevertheless, under no circumstance shall the Company be liable for any unsuccessful attempt to make contact or for any errors or omissions in the bids made using the instant communication instrument in question. Article 17 Disclaimer of Liability for Telephone Bid Given that telephone bidding is a free service provided by the Company to the Bidder for the purpose of transmitting bidding information, neither the Company nor its employees shall be liable for unsuccessful bids or any errors, omissions, negligence, fault or inability to bid on the Bidder’s behalf arising in the course of the bidding on the Bidder’s behalf. Article 18 Discretion of the Auctioneer The Auctioneer shall have the absolute right of discretion in respect of the following matters: 1. to refuse or accept any bid; 2. to conduct the auction in the manner he or she decides; 3. to withdraw any Auction Property, divide it into separate lots for auction or combine any two or more Auction Properties and auction them together; 4. where an error or dispute occurs, whether during or after the auction, to decide the successful Bidder, whether or not to continue the auction, to cancel the auction or to auction the disputed Auction Property anew; 5. to open and conduct the bidding at the level and at bid increments that he or she deems appropriate, and to bid on behalf of the Seller up to the amount of the Reserve, by making a bid, by making consecutive bids or by making bids in response to the bids of other Bidders; 6. to take other actions that he or she reasonably deems appropriate. Article 19 No Reserve For those Auction Properties without a Reserve, unless there are bids, the Auctioneer shall have the right, at his or her own discretion, to decide the starting price. If there are no bids at such price, the Auctioneer will, at his or her own discretion, lower the price and continue the auction until a Bidder starts to bid, whereupon he will increase the price from there and continue the auction. Article 20 Image Display Panel and Currency Conversion Display Panel For the convenience of Bidders, the Company may use image projection or other manner of display panel during the auction. The information shown thereon shall be provided for reference only. Regardless of whether there may be errors in the information, such as the amount, reference number of an Auction Property, the picture of an Auction Property or reference foreign exchange amount, etc., shown on the image projection or other manner of display panel, the Company shall not be liable for any losses arising as a result thereof. Article 21 Successful Sale Upon the confi rmation of the highest bid by the striking of the hammer or otherwise by the Auctioneer, such Bidder’s bid shall be the successful bid, indicating that he or she has become the Buyer of the Auction Property, and that a binding sales contract has been concluded between the Seller and the Buyer. Article 22 Commission and Charges Once the Bidder has made a successful bid, he or she becomes the Buyer of the Auction Property. The Buyer shall pay to the Company a commission to be calculated as follows: For each Auction Property, those part of Hammer Price which is HKD5 million or below, the commission shall be equivalent to 20% of the Hammer Price; for each Auction Property whose Hammer Price exceeds HKD5 million, the commission applicable to those part of the Hammer Price between HKD5 million to HKD20 million shall be equivalent to 17% thereof and the commission applicable to those part of the Hammer Price above HKD20 million shall be equivalent to 14 % thereof. The Buyer shall also pay to the Company other Buyer Charges, and accepts that the Company may charge the Seller a commission and other Seller charges in accordance with the Conditions of Business for Sellers. Article 23 Taxes All the monies paid to the Company by the Buyer shall be the net amount, exclusive of any tax on goods, tax on services or other value added tax (whether levied by Hong Kong or another region). If any taxes or levies are applicable to the Buyer, he or she shall solely bear the same in accordance with the relevant laws currently in force. Article 24 Payment Deadline Unless otherwise agreed in writing, after a sale, the Buyer shall pay the Purchase Price in full to the Company and collect the Auction Property within seven days from the Sale Date, regardless of any export, import or other permit regulations for the Auction Property. All packing and handling charges, freight and insurance charges, export related charges, etc. involved, if any, shall be paid by the Buyer together with the foregoing. Article 25 Payment Currency All monies shall be paid in Hong Kong dollars. If the Buyer pays in a currency other than the Hong Kong dollar, the same shall be converted at the exchange rate agreed between the Buyer and the Company or at the exchange rate for the Hong Kong dollar and the currency in question posted by The Hong Kong & Shanghai Banking Corporation Ltd. one working day prior to the date of payment by the Buyer. All bank service charges, commissions and other charges incurred by the Company in converting the foreign currency paid by the Buyer into Hong Kong dollars shall be borne by the Buyer. Article 26 Transfer of Ownership Even if the Auction Property has not been delivered to the Buyer by the Company, the Buyer shall have secured ownership of the Auction Property but before he or she has paid in full the Purchase Price and all amounts that he or she may owe the circumstances, the catalogue descriptions and condition reports may serve as reference about certain defects in the Auction Properties. Nevertheless, the Bidder should note that the Auction Properties may have other defects not expressly stated in the catalogue or condition reports. 4. The information concerning any Auction Property provided to the Bidder, including any forecast information (written or verbal), and any information, rules or other reports, commentaries or estimated values contained in the catalogues, are not statements of fact, but rather statements of the opinions held by the Company. Such information may be revised at the sole discretion of the Company from time to time. 5. Neither the Company nor the Seller gives any representations or warranties as to whether any Auction Property is subject to any copyright or whether the Buyer has bought the copyright in any Auction Property. 6. Subject to Articles 5(1) to 5(5) and the specifi c exemptions contained in Article 6 hereof, the catalogue descriptions and condition reports are made by the Company in a reasonable and prudent manner (consistent with the provisions relating to the Company as the Auction Agent) based on (1) the information provided by the Seller to the Company; (2) academic and technical knowledge (if any); and (3) generally accepted opinions of relevant experts. Article 6 Exemption of Liability Toward the Buyer and Limitations 1. Subject to Article 5 and Articles 6(1) and 6(4) hereof, the Company or the Seller shall not: (1) be liable for any errors or omissions in the information provided by the Company to the Bidder, whether verbally or in writing, regardless of whether due to negligence or otherwise; (2) give any guarantee or warranty to the Bidder, and any implied warranties or conditions other than the express warranties given by the Seller to the Buyer through the Company are excluded (except where it is provided in law that such liabilities may not be exempted); (3) be liable to any Bidder for any actions or omissions in respect of any matter relating to the auction or sale of any Auction Property by the Company (regardless of whether due to negligence or otherwise). 2. Unless the Company owns the Auction Property to be sold, it shall not be liable for any breach of these Conditions by the Seller. 3. Without prejudice to Article 6(1) hereof, the amount of any claim that a Bidder may lodge against the Company or the Seller shall be limited to the Hammer Price of the Auction Property and the Buyer’s Commission. Under no circumstance shall the Company or the Seller bear any consequential losses incurred by the Buyer. 4. Article 6 hereof does not exempt or restrict the liability of the Company for any fraudulent misrepresentation made by the Company or the Seller, nor for any personal injury or death arising due to the negligence of or an omission by the Company or the Seller. Article 7 Catalogue and Other Descriptions of the Auction Property All statements made by the Company about an Auction Property in the catalogue or in the condition reports, or separately made verbally or in writing, are statements of opinion only, and shall not be relied upon as statements of fact. Such statements do not constitute any representation, warranty or assumption of liability by the Company in any form. The relevant defects and restorations mentioned in the catalogue or the condition report for an Auction Property are for guidance only and shall be reviewed in person by the Bidder or a representative with the relevant knowledge. The absence of a reference to the above-mentioned information does not mean that the Auction Property is completely free from defects or has never been restored. Furthermore, even if reference is made to a specifi c defect, this does not mean there are no other defects. Where there is a discrepancy between the tone, colour, texture or shape of an Auction Property in the catalogue and/or in any other manner of illustration, video recording or publicity materials and that of the original, due to printing, photographic or other such technical reason, the actual Auction Property shall prevail. Bibliographies cited in any description of an Auction Property by the Company, its employees or its agents are for the Bidder’s reference only. The Company will not provide the originals or photocopies of the bibliographic publications or other such materials, and reserves the right to revise the cited descriptions. Article 8 Reserve and Estimated Price A Reserve is set for all of the Company’s Auction Properties, unless it is indicated or stated that an Auction Property is not subject to such a Reserve. In general, the Reserve is not higher than the low Estimated Price announced or published before the auction by the Company. If a Reserve has not been set for an Auction Property, unless there already have been bids, the Auctioneer shall have the right, at his or her discretion, to decide the starting price, which, however, may not be higher than the low Estimated Price of the Auction Property before the auction. Under no circumstance shall the Company bear any liability in the event that the bids for an Auction Property fail to reach the Reserve at the auction held by the Company. If the bids for an Auction Property are lower than the Reserve, the Auctioneer shall have the right, at his or her discretion, to sell the Auction Property at a price lower than the Reserve. However, under such a circumstance, the amount that the Company shall pay the Seller shall be the amount that the Seller would have received had the Auction Property been sold at the Reserve. An Estimated Price is estimated some time before the Auction Date, is not a defi nitive selling price, and is not legally binding. No Estimated Price may serve as a forecast of the Hammer Price for an Auction Property, and the Company has the right to revise from time to time Estimated Price(s) that have already been made. Article 9 Bidding at Auction Bidders shall bid through the following methods: 1. The Bidder shall attend the auction in person, and complete the registration and pay a bid deposit before obtaining a paddle as required, subject to Article 10 to Article 12 hereof; or 2. Subject to Article 15 hereof, the Bidder may appoint the Company in writing to bid on his or her behalf by a duly completed and signed Telephone Bidding Form of the Company (“Telephone Bidding Form”); or 3. The Bidder shall adopt the Live Auction Platform which authorized by the Company. Article 10 Bidder Registration Where the Bidder is an individual, he or she shall fi ll in and sign before the Auction Date the registration documents on the strength of an identity document with photo issued by the government (such as a resident identity card or passport), and provide proof of his or her current address (e.g. a utility bill or bank statement); where the Bidder is a company or other organization, it shall fill in and sign the registration documents on the strength of its valid incorporation document, proof of shareholding and lawful authorization document, and collect a paddle before the Auction Date. The Company may request the Bidder to present banking information for making payment or other proof of fi nancial standing. Article 11 Paddle The Company may, depending on the auction conditions and auction method, announce before the Auction Date the conditions and procedures for obtaining a paddle, including but not limited to formulating the qualifi cation conditions necessary for Bidders to carry out the procedures for obtaining a paddle. The Company solemnly reminds the Bidder that a paddle is the sole proof for the Bidder to participate in the bidding in person. The Bidder shall keep the same in safe custody and may not lend the same to other persons. In the event it is lost, the Bidder shall promptly carry out the loss report procedures by way of a written method approved by the Company. All of the bidding acts carried out during the auction by a paddle holder, regardless of whether he or she has been appointed by the Bidder, shall be deemed as having been done by the paddle registrant himself or herself, and the Bidder shall bear the legal liability for the acts of such person, unless the paddle registrant has himself or herself carried out with the Company the procedures for reporting the loss of a paddle by way of a written method approved by the Company, and the paddle in question is declared void by the Auctioneer on the spot. Article 12 Bid Deposit When the Bidder participates in the Company’s auction, he or she shall pay a bid deposit before collecting the paddle. The amount of the bid deposit shall be announced by the Company before the Auction Date, and the Company has the right to reduce or waive the bid deposit. If the Bidder fails to buy an Auction Property and does not have any amounts owing to the Company, its divisions, affiliates, subsidiaries or parent, or China Guardian, its divisions, affiliates, subsidiaries or parent, the entire amount of the bid deposit shall be refunded to the Bidder without interest within 14 working days after conclusion of the auction. If the Bidder becomes the Buyer, the bid deposit shall automatically be transformed into Company, its divisions, affi liates, subsidiaries or parent company, or China Guardian, its divisions, affiliates, subsidiaries or parent company, the Company and/or the Seller reserve the right of possession en or any other lawful relieves. Article 27 Transfer of Risks Once a successful bid has been made, the risks attaching to the Auction Property shall be solely borne by the Buyer once any of the following circumstances (whichever is earlier) arises: 1. the Buyer collects the Auction Property; or 2. the Buyer pays all of the Purchase Price for the Auction Property to the Company; or 3. the lapse of seven days after the Sale Date. Article 28 Collection of the Auction Property The Buyer must, within seven days from the Sale Date, proceed to the Company’s address or other location designated by the Company to collect the Auction Property he or she purchased. The Buyer shall be solely responsible for purchasing insurance for the Auction Property he or she purchased once the risks pass to him or her. If the Buyer fails to collect the Auction Property within seven days from the Sale Date, he or she shall bear all of the relevant costs for storing, handling, insuring, etc. the Auction Property in question, and he or she shall bear all of the liability for the Auction Property he or she purchased. Furthermore, notwithstanding the Auction Property remaining in the custody of the Company or another agent, none of the Company, its employees or agents shall be liable for damage to or loss of the Auction Property, regardless of the reason the same arises. Article 29 Packing and Shipping The packing and processing by the employees of the Company of the purchased Auction Property as required by the Buyer shall solely be deemed as a service provided by the Company to the Buyer, and the Company may decide at its own discretion whether to provide such service. If any losses arise therefrom, they shall solely be borne by the Buyer. Under no circumstance shall the Company be liable for damage to glass or frame, box, backing sheet, stand, mounting, inserts, rolling rod or other similar auxiliary object arising for any reason. Furthermore, the Company shall not be liable for any errors, omissions, damage or loss caused by the packing company or removal company recommended by the Company to the Buyer. Article 30 Import/Export and Permits The Buyer shall himself or herself be responsible for securing any relevant import and export, endangered species or other permit for the Auction Property. A failure or delay in obtaining any required permit shall not be deemed as grounds for cancelling the purchase or delaying payment of the Purchase Price by the Buyer. The Company shall not bear any liability for the failure to duly complete or submit the required import or export waybill, list or documents. If the Buyer requests that the Company apply for an export permit on his or her behalf, the Company shall have the right to charge him or her a separate service fee for such service. However, the Company does not warrant that such export permit will be issued. Neither the Company nor the Seller gives any representations or warranties as to whether or not any Auction Property is subject to import/export restrictions or any embargo. Article 31 Remedies for Non-Payment and Specifi c Performance If the Buyer fails to make payment in full pursuant to these Conditions or any payment arrangement agreed with the Company, the Company shall have the right to take one or more of the following measures: 1. If the Buyer fails to pay all of the Purchase Price in full to the Company within 7 days from the Sale Date, the Company shall have the right to engage a third party organization to collect all or part of the outstanding Purchase Price from the Buyer; 2. If the Buyer fails to pay the Purchase Price in full within 7 days from the Sale Date, the Company shall have the right to charge interest at the rate 0.03% per day on the Buyer’s outstanding amount starting from the 8th day after the Sale Date until the date on which the Buyer pays the entire amount in full, unless the Buyer and the Company agree otherwise; 3. All risks and charges relating to insurance coverage taken out on the Auction Property, removal thereof, or storage thereof, at or from the Company or elsewhere shall be borne by the Buyer; 4. To institute a legal action against the Buyer, demanding that he or she compensate it for all the losses incurred as a result of his or her breach of contract, including the interest losses arising due to delay in payment or refusal to pay by the Buyer; 5. To exercise a lien on the Auction Property in question and any other Auction Property of the Buyer purchased under the auspices of the Company, and any other property or property rights of the Buyer that may be in the Company’s possession for any reason, and all expenses and/or risks arising during the duration of the lien shall be borne by the Buyer. If the Buyer fails to perform all of his or her relevant obligations by the deadline designated by the Company, the Company shall have the right to dispose of the subject matter of the lien after issuing notice to the Buyer that it is exercising its lien rights and if the Buyer fails to discharge all outstanding amounts within 30 days after issuance of such notice. If the proceeds from the disposal of the subject matter of the lien are insufficient to offset all the monies payable by the Buyer to the Company, the Company shall have the right to separately recover the same; 6. If the Buyer still has not paid all of the Purchase Price in full to the Company within 90 days from the Sale Date, the Company shall have the right (but shall not be obliged) to decide, at its absolute discretion, to cancel the transaction or agree to cancellation of the transaction by the Seller, and reserves the right to recover all of the losses suff ered by the Company due to cancellation of the transaction; 7. To offset any amount related to the Auction Property owed by the Buyer to the Company against any amount owed from any other transaction by the Company, its divisions, affi liates, subsidiaries or parent, or China Guardian, its divisions, affi liates, subsidiaries or parent to the Buyer; 8. To decide at its discretion to use any monies paid by the Buyer to discharge the amount owed by the Buyer to the Company, its divisions, affi liates, subsidiaries or parent, or China Guardian, its divisions, affi liates, subsidiaries or parent in connection with the Auction Property or other transaction; 9. To refuse any future bids made by the Buyer or his or her agent, or to charge him or her a bid deposit before accepting his or her bids; The Company is aware that the Auction Property is unique and irreplaceable, if either the Seller or the Buyer defaults, the payment of damages by one party to another shall not be a suffi cient remedy to the observant party. Accordingly, the Company, the Buyer and the Seller agree that any such breach, the observant party may apply to the court to order specifi c performance, requiring the defaulting party to perform his/her obligations under these Conditions or their ancillary documents. Article 32 Remedies for Delay in Collecting the Auction Property If the Buyer fails to collect the purchased Auction Property within seven days from the Sale Date, the Company shall have the right to take one or more of the following measures: 1. To take out insurance coverage for the Auction Property and/or store the same on Company premises or elsewhere, with all of the costs (including but not limited to charging the Storage Fee specifi ed on the Bidder Registration Form from the 31st day following the Sale Date) and/or risks arising therefrom borne by the Buyer. In such a case, the Buyer may collect the Auction Property (packing and handling charges, freight and insurance charges, export related charges at the sole expense of the Buyer) only after he or she has paid all of the Purchase Price in full; 2. If the Buyer fails to collect the relevant Auction Property by the deadline prescribed herein, he or she shall solely be liable for all the risks and expenses arising after the expiration of such deadline. Article 33 Limited Warranties 1. The general warranties provided to the Buyer by the Company are as set forth below: If it is discovered after an Auction Property is sold by the Company that the same is a forgery, the Company will, in accordance herewith, cancel the transaction and refund to the Buyer in the original currency the Hammer price together with the Buyer’s Commission paid by the Buyer to the Company in respect of the Auction Property. For the purposes of the foregoing, a forgery, based on the reasonable opinion of the Company, means such things as a forged work or intentional concealment or a fraudulent claim in respect of the source, place of origin, date, production year, age, culture or origin, etc. of a work, and a correct description of the foregoing is not included in the catalogue (considering any terms of art). Any damage to an Auction Property and/or any manner of restored piece and/or any repaired piece (including repainting or overpainting) shall not be deemed a forgery. Please note that the foregoing warranty shall not apply if: (1) The information in the catalogue is based on the generally accepted opinions of academics and experts on the selling date, or said information in the catalogue indicates that there exist confl icts in such opinions; or (2) On the selling date, the only means of proving that the Auction Property in question is a forgery is not generally available or recognized at such time, is extremely expensive or is impractical; or may already have caused damage to the Auction Property or may (in the reasonable opinion of the Company) already have caused the Auction Property to lose value; or (3) If, based on its description, the Auction Property has not lost any material value. 2. The period specifi ed by this warranty simply provides the Buyer an exclusive non-transferrable benefi t for 5 years after the relevant Auction Date. To lodge a claim based on this warranty, the Buyer must: (1) notify the Company in writing within three months after the receipt of any information which leads the Buyer to doubt the authenticity or attributes of the Auction Property, specifying the reference number of the Auction Property, the date on which the Auction Property was purchased and the reasons for believing that the Auction Property is a forgery; (2) return the Auction Property to the Company in a condition identical to that on the date on which it was sold to the Buyer, and provided that good title thereto is transferrable and no third party claims have been made in respect thereof since the selling date. 3. With respect to contemporary and modern art, Chinese oil paintings and Chinese paintings and calligraphy, although academic circles do not permit the making of defi nitive statements in respect thereof at present, the Company reserves the discretion, pursuant to this warranty, to cancel transactions of contemporary and modern art, Chinese oil paintings and Chinese paintings and calligraphy that are confi rmed to be forgeries, but only within one year after the Auction Date. The amount paid shall be refunded to the Buyer pursuant to this Article, provided that the Buyer provides to the Company evidence (by the methods set forth in clauses 2 and 4 of this Article) confi rming that the Auction Property is a forgery within one year from the Auction Date; 4. The Company may, at its discretion, decide to waive any of the foregoing provisions. The Company shall have the right to request that the Buyer obtain, at his or her expense, reports from two experts acceptable to the Company and the Buyer who are independent and recognized in the industry. The Company shall not be subject to any report presented by the Buyer, and reserves the right to seek the opinion of additional experts at its own expense. Article 34 Obtaining Information, Video Taking With respect to the operation of the Company’s auction business, the Company may make audio recordings, video recordings or keep a record of any auction process, and may need to collect personal information from the Bidder or request information about the Bidder from third parties (such as requesting a credit review from a bank). Such information will be processed and kept confi dential by the Company. However, relevant information may be provided to the Company, its divisions, affiliates, subsidiaries or parent, or China Guardian, its divisions, affiliates, subsidiaries or parent in order to assist the Company in providing excellent services to Bidders, carrying out client analyses, or providing services that satisfy the requirements of Bidders. For the benefi t of the Bidder, the Company may also be required to provide certain personal information of the Bidder to third party service providers (such as shipping companies or warehousing companies). By participating in the auction by the Company, the Bidder indicates that he or she consents to the foregoing. If the Bidder wishes to obtain or amend his or her personal information, he or she is asked to contact the customer service department. Article 35 Copyright The Seller authorizes the Company to produce photos, illustrations, a catalogue, or other form of video recording of, and publicity materials for, any Auction Property that he or she has consigned to the Company for auction, and the Company enjoys the copyrights therein, and has the right to use the same in accordance with the law. Without the prior written consent of the Company, neither the Buyer nor anyone else may use the same. Neither the Company nor the Seller gives any representations or warranties as to whether the Auction Property is subject to copyright or whether the Buyer secures any copyright in the Auction Property. Article 36 Notices The Bidder and the Buyer shall inform the Company of their fixed and valid correspondence address and contact information by the method specifi ed in the bidding registration documents or other method approved by the Company. In the event of a change, the Company shall be promptly informed thereof in writing. The notices mentioned herein only refer to written notices sent by post, by email, by fax or by the Company’s mobile app (“Mobile App”). A notice shall be deemed as served at the following times: 1. If served by hand, at the time it reaches the address of the relevant Party; 2. If by post, the seventh day after it is posted; 3. If by fax, when transmission is confi rmed by the sending fax machine; 4. If by email, when delivery is confi rmed by the email record; 5. A notice sent by the Company through Mobile App shall be deemed to be received by the Bidder and the Buyer on the date when it is delivered. Article 37 Severability If any provision or part hereof is found invalid, unlawful or unenforceable for any reason, the other provisions and parts hereof shall remain valid, and the relevant parties shall abide by and perform the same. Article 38 Laws and Jurisdiction (1) These Conditions and related matters, transactions and any disputes arising from, or in connection with, participation in the auction conducted by the Company pursuant hereto shall be governed by, and construed in accordance with, the laws of Hong Kong. (2) Subject to Article 38.3 below, the Hong Kong courts have exclusive jurisdiction to settle any disputes arising out of or in connection with any auctions conducted by the Company (the “Disputes”). All of the Company, the Buyer and the Bidder agree that the Hong Kong courts are the most appropriate and convenient courts to settle the Disputes and accordingly no party will object to submit to the exclusive jurisdiction of Hong Kong courts. (3) This Article 38.3 is for the benefi t of the Company only. The Company shall not be prevented from taking any proceedings relating to the Disputes in any other courts with jurisdiction. To the extent allowed by law, the Company may take concurrent proceedings in any number of jurisdictions. Article 39 Language The Chinese language version hereof shall be the governing version and the English language version shall be for reference only. In the event of a discrepancy between the English language version and the Chinese language version, the Chinese language version shall prevail. Article 40 Ownership of Copyright in the Conditions These Conditions are formulated and shall be revised by the Company, and the relevant copyrights shall vest in the Company. Without the prior written permission of the Company, no one may use these Conditions in any manner or way to obtain commercial benefits, and may not take copies of, communicate or store in any searchable system any part hereof. Article 41 Term of Applicability These Conditions shall apply solely to the upcoming auction. The Company may update these Conditions from time to time. When the Bidder and the Buyer participate in another auction, then applicable Conditions of Business for Buyers shall prevail. Article 42 Right of Interpretation During routine performance hereof, the right to interpret these Conditions shall be exercised by the Company. In the event of a legal dispute between the Buyer and the Company, the right of interpreting these Conditions, when resolving the dispute, shall be exercised by the competent court. Date of this version: 11th May 2022 Address of the Company: 5th Floor, Tower One, Lippo Centre, 89 Queensway, Hong Kong
重要通告 IMPORTANT NOTICE 中國嘉德（香港）國際拍賣有限公司（以下稱為“本公司”）舉 辦的拍賣活動均依據本圖錄中所附之買家業務規則、重要通告、 競投登記須知、財務付款須知以及可向本公司索取之賣家業務規 則進行，參加拍賣活動的競投人須仔細閱讀並予以遵守。該等業 務規則及規定可以公告或口頭通知之方式進行修改。 拍賣品之狀況 競投人應於拍賣前之展覽會上審看拍賣品，並對自己的競投行為 承擔法律責任。如欲進一步了解拍賣品資料，請向業務人員諮 詢。如圖錄中未說明拍賣品之狀況，不表示該拍賣品沒有缺陷或 瑕疵（請參閱載於本圖錄之買家業務規則第五條）。 受限制物料 (一)附有 符號之拍賣品於編制圖錄當時已識別為含有受限制物 料，而有關物料可能受到進出口之限制。有關資料為方便競投人 查閱，而無附有該符號並非保證該拍賣品並無進出口之限制。由 植物或動物材料（如珊瑚、鱷魚、鯨骨、玳瑁、犀牛角及巴西玫 瑰木等）製成或含有植物或動物材料之物品，不論其年份或價 值，均可能須申領許可證或證書方可出口至香港境外，且由香港 境外國家進口時可能須申領其他許可證或證書。務請注意，能取 得出口許可證或證書並不能確保可在另一國家取得進口許可證或 證書，反之亦然。競投人應向相關政府查核有關野生動物植物進 口之規定後再參與競投。買家須負責取得任何出口或進口許可證/ 或證書，以及任何其他所需文件（請參閱載於本圖錄之買家業務 規則第三十條）。 (二)香港法例第586章《保護瀕危動植物物種條例》已於2018年6月 8日作出相應的立法修訂，以履行2016年《瀕危野生動植物種國際貿 易公約》修訂中對黃檀屬所有種的規定。修訂列明的新物種包括黃檀 屬所有種將受許可證管制。新管制措施將於2018年11月1日生效， 該條例規定，凡進口、從公海引進、出口、再出口或管有列明物種的 標本或衍生物，均須事先申領漁農自然護理署發出的許可證。 (三)《2018年保護瀕危動植物物種（修訂）條例》已於2018年1月 30日通過，旨在加強管制進口及再出口象牙及象狩獵品。禁止進口 及再出口象狩獵品及《公約》前象牙及《公約》後象牙（古董象牙除 外）的規定已經實施。在領有許可證情況下，為商業目的而管有的 《公約》前象牙及《公約》後象牙可進行本地貿易。為了保護文物， 古董象牙（指1925年7月1日前發生《修訂條例》規定情況的象牙） 可獲豁免。但進口及再出口古董象牙需領有進出口許可證及《公約》 前證明書。自2021年12月31日起，禁止為商業目的管有任何象牙， 包括《公約》前象牙及《公約》後象牙（古董象牙除外）。 電器及機械貨品 所有電器及機械貨品只按其裝飾價值出售，不應假設其可運作。 電器在作任何用途前必須經合格電器技師檢驗和批核。 語言文本 本公司買家業務規則、賣家業務規則、載於圖錄或由拍賣官公佈 或於拍賣會場以通告形式提供之所有其他條款、條件、通知、表 格等文件以及本圖錄中拍賣品之描述，均以中文文本為準，英文 文本僅為參考文本。 版權 本公司已盡一切合理努力查找、聯繫和確認版權擁有者。如本圖 錄內未有包含適當確認版權擁有者的資訊，本公司鼓勵版權擁有 者通知本公司。本公司亦歡迎任何信息，以澄清被展示圖文的版 權的擁有權。 本圖錄版權屬本公司所有。未經本公司書面許可，不得以任何形 式對本圖錄的任何部分進行複製或進行其他任何形式的使用。 The auction to be held by China Guardian (Hong Kong) Auctions Co., Ltd. (hereinafter referred to as the “Company”) will be conducted in accordance with the Conditions of Sale, Important Notice, Important Notice about Bidding Registration, and the Important Notice about Payment contained in this Catalogue as well as the Conditions of Business for Sellers which are available from the Company, and Bidders wishing to participate in the auction must carefully read and comply therewith. Such Conditions and rules may be revised by way of an announcement or verbal notifi cation. Condition of the Auction Properties The Bidder should view the Auction Properties at the pre-auction exhibition, and will be legally liable for his or her bidding. For more information on the Auction Properties, please consult our business staff . The absence of a description of the condition of an Auction Property in the Catalogue does not mean that the Auction Property is free of fl aws or defects (please refer to Article 5 of the Conditions of Sale contained in this Catalogue). Restricted materials (1) Auction Properties marked with a symbol were identified as containing restricted materials at the time of compiling the Catalogue, and the relevant materials may be subject to import and export restrictions. The relevant information is provided for the convenience of Bidders, and the absence of such a symbol on an Auction Property does not ensure that it is not subject to import and export restrictions. For items made of or containing botanical or animal materials (coral, crocodile, whale bone, tortoise shell, rhinoceros horn and Brazilian Rosewood, etc.), regardless of their year or value, may require application for permits or certifi cates before exportation outside Hong Kong, and application for other permits or certifi cates may be required when importing into countries outside Hong Kong. Please note that the securing of an export permit or certifi cate does not ensure that an import permit or certifi cate can be secured in another country, and vice versa. The Bidder should enquire about the regulations for the import of wild fl ora and fauna to the relevant government before participating in an auction. Buyers are responsible for obtaining any export or import permits/certifi cates and any other documents required (please refer to Article 30 of the Conditions of Sale contained in this Catalogue). (2) The corresponding legislative amendments have been made to the Protection of Endangered Species of Animals and Plants Ordinance, Cap. 586 (“the Ordinance”) in Hong Kong on 8 June 2018, concerning the amendments to Appendices of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (“the CITES”) which has been adopted in 2016. The newly scheduled species include Dalbergia Species will be subject to licensing control. The new controls will become effective on 1 November 2018. According to the Ordinance, unless exempted or otherwise specified, the import, introduction from sea, export, re-export or possession of endangered species or its derivatives, requires a license issued by Agriculture, Fisheries and Conservation Department. (3) The Protection of Endangered Species of Animals and Plants (Amendment) Ordinance 2018 (“Ordinance”) was enacted on 30 January 2018, which aims to enhance regulation on import and re-export of elephant ivory and elephant hunting trophies. New control measures banned the import and re-export of all elephant hunting trophies and pre-Convention ivory and post-Convention ivory items. The commercial possession of pre-Convention ivory and post-Convention ivory items are allowed to conduct local trading, which subject to licensing control. As a measure to protect culture relics, the trade in antique ivory (ivory that occurred before 1 July 1925 with the circumstances as prescribed by the Ordinance) will continue to be allowed. Import and re-export of antique ivory require a License to Import/ Re-export and a Pre-Convention Certifi cate. The possession for commercial purpose of all ivory (save for antique ivory) including pre-Convention ivory and post- Convention ivory will be prohibited from 31 December 2021. Electrical appliances and mechanical goods All electrical appliances and mechanical goods are sold as is, and should not be assumed to be in working order. Before use, electrical appliances must be inspected and approved by a qualifi ed electrical technician. Language The Chinese versions of the Conditions of Business for Buyers, Conditions of Business for Sellers, and all other documents such as the terms, conditions, notices, forms, etc. contained in the Catalogue, announced by the Auctioneer or provided in the auction venue, as well as of the descriptions of the Auction Properties in this Catalogue shall prevail, and the English versions are for reference only. Copyright Every reasonable effort has been made to locate, contact and acknowledge copyright owners. If any proper acknowledgement has not been included here, copyright owners are encouraged to notify the Company. The Company also welcomes any information that clarifi es the copyright ownership of any material displayed. The copyrights in this Catalogue vest in the Company. Without the written permission of the Company, no part of this Catalogue may be reproduced or otherwise used in any manner.
