size：69 x 46 cm. 27 1/8 × 18 1/8 in. 款識
黃公遊山去 雲林乘舟來 萬山開笑臉 一水皆畫材 乙卯 丁衍庸 藝術家鈐印（左上） Inscribed, dated and signed in Chinese with an artist's seal on upper left 來源
原亞洲私人藏家直接獲贈自藝術家本人
亞洲私人收藏
註：畫軸貼有丁衍庸弟子梁琨題簽「丁衍庸山水軸」及梁琨鈐印
古今多少事，都付笑談中
丁衍庸七十年代水墨傑作
「丁衍庸認為藝術必須與充塞天地間的充沛生命力結合，旺盛的生命力才能創作出卓越作品，這種氣論在藝術表現上，連結成『大』與『剛』兩項審美特質，成為時間上的廣大，顯示出歲月的斑駁。」
——亞洲大學現代美術館館長潘襎襎
與關良、林風眠並稱「廣東三傑」的丁衍庸，1921年留學日本，深受野獸派、印象派影響，1925年歸國後成為中國「洋畫運動」的驍將。而在研究線條時，他接觸到中國文人書畫，感受到當中不重形似而重「神似」的深刻底蘊，備受鼓舞和震撼，其中八大山人和石濤的繪畫最為其推崇。認識到國畫魅力的丁衍庸如獲至寶，轉而投身水墨的探索，曾自言：「我從狹小的範圍裡，逃跑了出來，轉向中國藝術的體系和中國固有文化精神方面去找尋新的知識和技法」。
七十年代，他進入創作至臻的圓熟階段，不僅作畫題材廣泛，更練就爐火純青、大膽新奇的傳神水墨筆法，正如他意氣風發地許下的豪言壯志：「八大無此狂，石濤無此膽」。也正是在此時期，他在國際上逐漸贏得聲望：1974年，丁公畫作入選「當代中國書畫展」，赴美國耶魯大學等各大學院展出，同年又受邀於日本南畫院年展；接下來的1975至1977年三訪墨爾本展覽，轟動國際。是次秋拍呈現的《霸王別姬》（拍品編號79）、《山水圖》（拍品編號78）、《達摩》（拍品編號80）及《耕牛》（拍品編號81）均完成於1970年代，一展其老辣純熟之風，見證他在山水、人物、動物多元題材上卓爾不群的成就。
霸王別姬：豪情萬丈的慷慨之歌
「項王何必為天子，巨鹿一戰古今無。」
——丁衍庸
大尺幅的《霸王別姬》取材自膾炙人口的京劇，為丁公1970年代極熱衷的標誌性題材。畫中項羽身披金甲、左手持劍，右手執矛、雙目圓睜、怒髮衝冠，好似於四面楚歌的絕境之際爆發出驚天動地的怒號，以勇武之姿慷慨一戰。虞姬則婀娜多姿，未著古人寬袍大袖的服飾，取而代之的是一襲玲瓏貼身的摩登綠裙，盡顯其秀美的體態，然而其眉宇卻顯出巾幗不讓鬚眉的勇毅神色，她右手倚項王手臂，好似已決心赴死，豪情毫不遜於項羽，彰顯丁公對於二人的欽佩。
如藝評家莫一點言：「丁老師運筆果斷而靜鍊，流暢中又揮灑自如，藏豪放蒼勁於含蓄樸拙之中」。在此作中，丁公展現了渾然天成的老辣用筆，以豪邁的潑墨揮就項羽孔武有力的雙臂，又以拙樸而簡練的濃墨重彩勾勒出誇張化的圓目、粗眉、濃鬚，盡數展現霸王本色。而與之對比的是，他以克制的筆法描繪虞姬，諧趣地用勺形一筆勾出其髮髻，並憑圓潤細緻的線條描繪微蹙的柳眉、堅毅的杏眼，展現了女子婀娜和英氣的二重特質，在極簡的構圖中僅憑筆法便使不同人物性格躍然紙上，變化出生動的起承轉合。正如其學生丁錦華回憶：「他的人物畫，京劇小丑與武旦、古代傳記、小說及神話中人物，均神采飛揚，性情活現於紙上。」此番境界非幾十年深厚功力不能及，令人拍案叫絕。回憶丁公中年孤身一人赴香港，與家人兩岸分離、一生節儉清貧、在困頓之中仍堅持追求藝術。他於76歲創作此作時，定會聯想到戲曲《霸王別姬》的絕唱，主角訣別的場景仿若丁公骨肉分離的痛苦，但正如豪傑項羽一般，他破釜沉舟、砥礪前行，畢生矢志不渝地追求藝術理想，最終在藝術史上留下濃墨重彩的一筆，令作品格外撼人。
當仁不讓：融古出新的大寫意山水
「古之鬚眉，不能生我鬚眉。古之肺腑不能安入我腹腸，我自發我肺腑，揭我之鬚眉，縱有時觸著某家，是某家就我也，非我故為某家。」
——石濤
丁公推崇的清代藝術家石濤主張以創新的精神傲立於傳統之上，他遊歷山川十餘年、練就筆下獨具特色的山水。其畫中陡峭的山岩盤旋崎嶇、怪松古樸剛勁，「脫胎於山川，而法我自立」。丁公與石濤志同道合，當仁不讓地扛起中國藝術革新的大旗，主張超越傳統窠臼、反映當下的時代性。他以更加極簡的野獸派表達詮釋中國筆墨的恣肆，意境暢快新奇。只見《山水圖》中，丁公以大巧若拙的線條畫出右側一顆幾欲參天的松樹、錯落有致的山巒水岸、淳樸的茅舍和衣冠簡樸的居民，並著以淡赭色，寥寥幾筆即展現一派民風淳樸、景色奇絕、如「桃花源」一般的村莊。而在左側則以大片留白指代江水的浩瀚無邊，展現其「要從空處見鴻蒙」的思想。畫面中心，頂天立地的松樹以線為骨，以短而實的筆墨畫出一根根松枝和粗粗礪曲折的樹幹，盡顯蒼樸之態，不追求擬真而求神韻。其左則以奔放的墨色枯筆畫出一棵果樹，沉甸甸的果實壓彎枝頭，比喻謙和的隱士風骨，二者相映成趣、儀態萬千。而岸邊山包形的岩塊不使用過多皴法渲染，唯以一筆勾勒，透露出一種頑趣的拙味。除外，奔放有力的兩條墨線一氣呵成地畫出遠處起伏連綿的山脈，以一濃一淡的墨色展現遠近之別。左側江中的小舟則一轉視角，從奇絕的俯視角度畫出，好似野獸派的佈景，打破單一透視的局限。丁衍庸在此將古代文人推崇的「奇」詮釋到極致，展現令人驚豔的先鋒性。
而在畫面左側，則瀟灑揮毫地寫下：「黃公遊山去，雲林乘舟來，萬山開笑臉，一水皆畫材」，據考應為致敬「元四家之首」黃公望的人生經歷：其仕途不順，最終選擇出家隱居，以自然為師寫生學畫，在山水之中淡忘世俗的糾葛，終成一代宗師。有別於石濤等人畫中透露出的冷冽蒼莽，此時期丁公之作充滿了豁然開朗的意氣，彷彿能從中感受到順流泛舟時清風拂面的愜意，充分展現其晚年豁達樂觀的赤子心境，亦使觀者精神為之一振。
老僧入定：古樸剛勁的紅衣達摩
《達摩》一作為丁公鍾愛的佛教主題，曾在1998年於香港萬玉堂畫廊主辦之「丁衍庸作品展」展出，經悉心保存數十年後首次釋出，尤為難得。畫中丁公誇張地擴大了達摩上半身的比例，突出其圓眼大睜、眉骨突出、寬鼻多鬚、額頭高聳的面部特徵，丁公以勁道的筆法、胸有成竹的簡練線條直接勾勒出達摩的面容，將其特點一一畫至神韻飽滿；繼而筆鋒一轉，以點染之法畫出人物捲曲濃密的鬍子；隨即大筆一揮，以墨線快速勾勒出主角拱手盤腿而坐的身形，以及腰間環繞的腰帶，線條乾淨簡練、酣暢淋漓。那熾熱如火的紅色袈裟璀璨而不庸俗，讓人聯想到馬蒂斯（Henri Matisse)一般的野獸派用色。由構圖、線條至色彩，正展現丁公獨到融貫東西之妙法，寥寥幾筆即展現出達摩法相莊嚴又帶奇趣的外貌。
以側身示人、著一襲紅色袈裟的沉思達摩，是丁衍庸對此佛教人物經典的詮釋，靈感出自達摩「渡江面壁」的傳說：菩提達摩向梁武帝說法，見其冥頑不靈，而渡江北去，於嵩山面壁而坐，入定九年修行參悟，直到影透入石，留下為後世傳唱的佳話。正如佛教著作《釋門正統》中所言：「獨以真法如是安心，謂壁觀也」，達摩拒絕了權力和富貴的誘惑，轉身入定，獨自壁觀，頓悟世間真法、啟迪後世。令人聯想到丁公在孤身赴港後，自身雖清貧節儉，但對於門下學生關懷有加，無所保留地傾囊相授、慷慨解囊，令人為之動容！
耕耘不輟：默默付出的耄耋老牛
丁衍庸晚年對於拓寬畫題仍具極大的熱情，在花鳥、山水、人物主題之外，開始對耕牛、馬、羊等動物特寫產生興趣，然而當中以「牛」為主題之作尤為罕見，在過去逾三十年來拍場所呈不足5件，是次上拍的《耕牛》即為難得的一幀代表作。此寫意之妙作下筆豪邁，丁公以濃烈的重墨大刀闊斧地勾勒出一頭伏地休憩的老牛。柳葉狀的牛眼讓人聯想到丁公喜愛研究的古青銅器中牛雕的造型，流露回歸原始天真的靈性。如同月牙一般的牛角上以鋸齒形畫出極簡的紋路，像是兒童畫中的想象，充滿遊戲古今的童心。丁公細心地以較淡的墨色徐徐加筆，畫出耕牛面龐「川」字形的毛髮，並在四肢和脊背處層層暈開，不僅展現出牛身的體積感，還能夠感受到柔軟絨毛的質感。當中特別的是，那嶙峋的背脊中央凸起的骨骼則獨以飛白枯筆畫出，如同巍峨的高山，訴說著歲月的洗禮，以及耕牛「但願終生皆得飽，不辭羸病臥殘陽」的無私奉獻之心。
「牛」與丁衍庸頗有緣分，除了為人熟知的八大山人和石濤，丁公也對八大的弟弟牛石慧的畫作獨具鍾情，不僅四處收集其古畫古璽，乃至自號「牛君」，並以象形文字刻「牛君」、「牛君之鈢」等私印。可以說，「牛」成為了丁衍庸的自喻符號。1978年，丁公甫由香港中文大學藝術系榮休，就溘然長逝，這幅創作於其生命最後一年之《耕牛》歷經風雨的身影，彷彿是他搖一生的寫照。讓人聯想到丁公幾十年如一日地艱苦求藝、默默耕耘至生命盡頭而不求回報的品德及精神。靜靜觀之，可以感受到丁公畢生所練就功力中那遠古深邃和大膽創新並存的撼人韻味！ PROVENANCE
Received as a gift by original private Asian collector from the artist
Private Collection, Asia
Note: A titleslip inscribed by original collector who was a student of the artist with a seal is affixed on the reverse
History Is in Forthright Laughter
Masterpieces of Ink Painting by Ting Yinyung from the 1970s
Ting Yinyung, known as one of the "Three Great Masters of Guangdong" along with Guan Liang and Lin Fengmian, studied in Japan in 1921 and was deeply influenced by the Fauvism and Impressionism movements. After returning to China in 1925, he became a prominent figure in the Chinese "Western Painting Movement". While studying lines, he encountered Chinese literati painting and felt the profound essence of focusing not on resemblance but on "likeness to the spirit", which greatly inspired and impressed him. Among the artists he admired, Bada Shanren and Shi Tao's paintings were highly esteemed by him. Realizing the charm of traditional Chinese painting, Ting became captivated and devoted himself to the exploration of ink painting.
In the 1970s, he entered a mature stage of creativity, not only painting a wide range of subjects, but also mastering a bold and innovative ink brushwork, which earned him international acclaim during this period. In 1974, Ting's paintings were exhibited in major universities in the United States, including Yale University. He was also invited to the annual exhibition of the Nihon Nangain Exhibition in Japan in the same year. In the following years, from 1975 to 1977, he visited Melbourne for exhibitions, causing a sensation internationally. Farewell My Concubine (Lot 79), Landscape (Lot 78), Da Mo Meditation (Lot 80) and Ox (Lot 81) presented in this autumn auction were all completed in the 1970s, showcasing his mature and skilled style and testifying to his extraordinary achievements in diverse subjects such as landscapes, figures, and animals.
Farewell My Concubine: a Magnificent Song of Generosity
The large-scale Farewell My Concubine is based on the classic Peking Opera, an iconic theme of Ting's work in the 1970s. In the painting, Xiang Yu, clad in gold armour, holding a sword in his left hand and a spear in his right, with his eyes open and his hair standing on end in anger, seems to be in a desperate situation, bursting into a terrifying fury and fighting with courage and generosity. Yu Ji, on the other hand, is graceful and elegant, not wearing the ancient costume of wide robes and big sleeves, but a modern green dress that fits her body well. Her eyebrows show a look of courage and determination, leaning on the arm of the king with her right hand, as if determined to die, with a bravado that is no less than that of Xiang Yu's.
In this work, Ting has demonstrated a sophisticated use of the brush, using bold splashes of ink to depict Xiang Yu's powerful arms, while using simple and concise thick ink and heavy colours to outline the exaggerated round eyes, thick eyebrows, and thick whiskers. In contrast, he depicts Yu Ji with a restrained brushwork, harmoniously sketching her hair in a bun with a spoon-shaped brushstroke, and depicting her slightly furrowed willow eyebrows and resolute almond eyes with rounded and delicate lines, demonstrating the duality of the woman's gracefulness and heroism, and making the different personalities of the characters pop out on the paper with just his brushwork in a minimalist composition. This is a state of mind that cannot be attained without decades of profound skills, and it makes one applaud him. Ting went to Hong Kong alone in his middle age, separated from his family and lived a life of frugality and poverty. He insisted on the pursuit of art in the midst of hardship. When he created this work at the age of 76, he was surely reminded of the opera Farewell My Concubine, where the farewell scene of the protagonist resembles the pain of the separation of Ting's flesh and blood. However, just like the great Xiang Yu, he made a breakthrough and took a hard push to move forward, and his lifelong pursuit of artistic ideals ultimately left a colourful mark in the history of art, which makes this work particularly appealing.
Uncompromising Integrity: a Grand and Expressive Landscape Painting that Combines Tradition with Innovation
The Qing dynasty artist Shi Tao, whom Ting Yinyung admired, advocated for standing above tradition with an innovative spirit. After traveling through mountains and rivers for more than ten years, Shi Tao honed his unique style of landscape painting. His paintings showcase steep mountain cliffs, peculiar and ancient pine trees, and a strong and simple artistic approach that "originates from the mountains but forms my own method". Ting shared a common vision with Shi Tao and undisputedly shouldered the banner of Chinese artistic innovation, advocating for surpassing traditional conventions and reflecting the era's zeitgeist. He interpreted Chinese brush and ink with a more minimalist and unrestrained approach influenced by Fauvism, creating a joyous and novel artistic conception.
In the painting Landscape, Ting uses skilful and artless lines to depict a towering pine tree on the right, a well-arranged range of mountains, riverside landscapes, humble thatched cottages, and plain-dressed residents, all tinged with a light sienna colour, creating a picturesque village scene reminiscent of the fabled "Peach Blossom Spring". On the left, a vast expanse of blank space represents the boundless expanse of the river, exemplifying the idea of "Seeing the Tao from Emptiness". In the centre of the painting, the upright pine tree is drawn with lines as its backbone, using short and solid brushstrokes to depict the pine branches and rough and wining trunk, fully displaying its simple and unadorned nature. The emphasis is on capturing the spirit rather than pursuing realism. On the left, a flourishing ink stroke neatly outlines a fruit tree, with heavy fruits weighing down the branches, metaphorically representing the modest and reclusive hermit's demeanour. The two trees complement each other, creating various postures and a sense of ritual. The rock formations on the riverbank are not rendered with excessive texture, but simply outlined, revealing a rustic and straightforward charm. In addition, two bold and powerful ink lines create a continuous range of undulating mountains in the distance, using varying shades of ink to demonstrate depth. The boat on the left side of the river is depicted from an unusual overhead perspective, reminiscent of the staging of Fauvism, breaking the limitations of a single perspective. In this work, Ting pushes the ancient literati's concept of "strangeness" to the extreme, showcasing his astonishing avant-garde style.
On the left side of the painting, he whimsically inscribes: "Huang Gong travels to cloud forest, takes a boat to come, a million mountains reveal smiling faces, all of nature becomes painting material." According to research, this is a tribute to the life experience of Huang Gongwang, the leader of the "Four Masters of the Yuan Dynasty": his career did not go smoothly, and he eventually chose to become a monk and live in seclusion, taking nature as his teacher and seeking inspiration from observing and painting landscapes, eventually becoming a master in his field. Unlike the cold and desolate atmosphere conveyed in the works of Shi Tao and others, Ting's works from this period are filled with a bright and open spirit, as if one can feel the pleasant breeze brushing against their face when drifting along the river. It fully reflects his optimistic and carefree attitude in his later years, and invigorates the viewer's spirit.
The Serene Meditation: the Strong and Robust Red-Robed Da Mo
Da Mo Meditation is a Buddhist theme that Ting Yinyung greatly favoured. It was exhibited for the first time in 1998 at the Plum Blossoms Gallery in Hong Kong during the Ting Yinyung Exhibition and has been carefully preserved for decades, making it particularly rare. In the painting, Ting exaggeratedly enlarges the upper body proportions of Da Mo, highlighting his round eyes, protruding eyebrows, broad nose with many whiskers, and high forehead. With powerful brushwork and confident and concise lines, Ting directly outlines Da Mo's facial features, capturing his characteristics with full spirit. He then uses pointillism to depict the curly and dense beard of the figure. With a sweeping stroke, he quickly outlines the posture of the main character, sitting cross-legged with folded hands, as well as the waist belt wrapped around him, with clean and concise lines flowing freely. The fiery red robe is radiant but not vulgar, reminiscent of the Fauvist use of colour, reminiscent of Henri Matisse. From composition, lines, to colours, Ting demonstrates his unique method of blending Eastern and Western styles, capturing the solemn and intriguing appearance of Da Mo's dharma aspect with just a few strokes.
Ting Yinyung's interpretation of the Buddhist figure Dharma, depicted as a contemplative figure wearing a red robe and standing at an angle, is inspired by the legend of Dharma's Crossing the River and Facing the Wall. According to the legend, Bodhidharma, while teaching Emperor Wu, found him resistant and unenlightened. Therefore, he crossed the river and went north to Mount Song, where he sat facing a wall in deep meditation for nine years, until his shadow penetrated the stone, leaving behind a legendary tale for future generations. Dharma rejected the temptations of power and wealth, turned around and meditated, observing the wall alone, and attained enlightenment, enlightening future generations. This recalls Ting's journey to Hong Kong alone in his middle age, enduring separation from his family across the strait and a life of frugality and hardship yet persevering in his pursuit of artistic excellence. It also evokes his compassionate spirit in caring for his students and imparting his knowledge generously and unreservedly, which is truly moving!
Unrelenting Cultivation: The Silent Contribution of an Aged and Diligent Ox
In his later years, Ting Yinyung remained passionate about expanding the subjects of his paintings. In addition to landscapes, flowers and birds, and figures, he began to take an interest in painting animals such as oxen, horses, and sheep. However, works cantered around oxen are particularly rare, with fewer than five pieces featured in auctions over the past thirty years. The present artwork, Ox, stands out as a rare representative of this subject matter. This expressive masterpiece is boldly executed, with Ting using vigorous brushstrokes to outline an old ox resting on the ground. The cow's oval-shaped eyes evoke the shape of ancient bronze cow sculptures that Ting enjoyed studying, revealing a return to primitive innocence. The crescent-shaped horns are painted with minimalistic patterns resembling a child's imagination, full of the playful spirit of past and present. Ting carefully adds lighter ink strokes to depict the "川" shaped fur on the ox's face, and layers of ink wash on its limbs and back, not only showing the volume of the cow's body but also conveying the soft texture of its fur. Especially noteworthy is the protruding and rugged spine, which Ting portrays using white brushstrokes, resembling towering mountains that bear the baptism of time, as well as the selfless and dedicated heart of the ox.
Ting Yinyung had a special affinity with "ox." In addition to Bada Shanren and Shi Tao, two well-known Chinese painters, Ting also had a special fondness for the works of his younger brother Niu Shihui. He not only collected Niu's ancient paintings and seals but also used the pseudonym "Niu Jun" (Lord Niu) and engraved private seals with the characters "Niu Jun" and "Niu Jun's Seal." It can be said that "ox" became Ting's self-identifying symbol. In 1978, shortly after retiring from the Chinese University of Hong Kong's Department of Fine Arts, Ting passed away. The painting Ox, created in his final year of life, portrays his lifelong struggles and hardships. It brings to mind Ting's decades of arduous pursuit of art and his moral and spiritual dedication, silently toiling until the end of his life without seeking rewards.
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.
