size：50 × 30 cm. 19 3/4 × 11 3/4 in. 出版
2014年，《常玉素描與水彩全集》，衣淑凡編，財團法人立青文教基金會，台北，圖版 D3035，電子附錄第118頁，彩圖 LITERATURE
2014, Sanyu Catalogue Raisonné Drawings and Watercolours, Rita Wong, The Li Ching Cultural and Educational Foundation, Taipei, electronic version p.118, plate No. D3035 來源
藝術史學者陳炎峰好友暨法國作家米謝．阿拔赫（Michel Habart）家族舊藏
亞洲私人收藏
滄海遺珠，動人芳華
常玉的紙上倩影
「誰終將聲震人間，必長久深自緘默；誰終將點燃閃電，必長久如雲漂泊。」
——德國哲學家尼采（Friedrich Nietzsche）
常玉被譽為二戰前最有成就、最出名的旅法華人藝術家。生於四川南充的他，幼時隨父親習畫，拜書法名師趙熙習字。家境富裕，得兄長常俊民的支持，在弱冠之年赴巴黎勤工儉學，十年後，兄長去世，常玉頓失經濟支柱，經歷了所愛之人的離開，他看淡生死，在窮困潦倒之時，對藝術仍熱情不卻，選擇留法繼續追尋畫家之夢。骨子裡的幽默豁達和「不為五斗米折腰」的文人風骨，讓他即使生前懷才不遇，也依舊滿懷赤子之心。1966年，身無分文的他因意外孑然結束了如夢般的遊子一生，留下一世傳奇。
絕弦爾後，終現知音
1966年9月，常玉在逝世後，因無法定繼承人，工作室裡的作品成為遺物由法院交由巴黎圖歐（Drouot）拍賣行成捆上拍。法國收藏家米謝．阿拔赫（Michel Habart）因緣際會下由此初見常玉之作，愛不釋手，爽快買下數以百計的紙上臻品，視若珍寶。其女朵瑞斯．阿拔赫（Doris Harbart）曾回憶：「我還記得父親帶著他的寶貝回家時，臉上流露出的光芒……我父親從這些畫作中看到馬諦斯（Henri Matisse）、馬約爾（Aristide Maillol）的雕塑及亨利．摩爾（Henry Moore）。」十年後，旅法藝術史學者陳炎鋒偶見常玉素描，通過友人結識阿拔赫，兩人傾蓋故知，幾經討論拼湊出常玉生平，更為其舉辦個展，世人才得以一睹塵封百年的絕世風韻。是次秋拍，嘉德香港呈現四幅源於阿拔赫家族珍藏的常玉精妙紙本之作，來源有序，實屬可遇不可求。
中西激盪，風韻無雙
「當常玉畫得越多而對事物的體驗越深，他便越發現那蘊含在民族血統裡的特殊性……他知道如何以最精簡的方法，勾劃出事物中的精髓及幽默感。」
——常玉好友暨重要贊助者、荷蘭作曲家法蘭寇（Johan Franco）
1920年代，初至法國的常玉，性格不羈、無拘無束，他捨棄嚴謹的藝術學院，選擇至蒙帕拿斯大茅屋學院（Académie de la Grande Chaumière）自主學習，潛心鑽研素描與速寫。這位來自中國的翩翩公子，「師夷長技」但不忘本，喜用毛筆速寫，在大茅屋經常引來許多同學圍觀。他專畫女像，憑在中國習得的「勾線敷彩」繪人物輪廓，再以鉛筆、炭筆暈染，下筆果斷準確，線條遒勁簡練，舉手投足間，東方美學獨有的氣韻凝於紙上。在其溫潤的筆觸下，模特兒們無論男女老少，頃刻間，全部化作裸女。如此特出的畫風，越誇誕，越受追捧。此時，裸體畫在中國備受爭議，被認為「有失體統」，?而身處巴黎的常玉得以自由、自主表達，豐富了該主題的面貌。據可考出版，常玉畢生創作了將近兩千幅裸體與人像素描。徐志摩、潘玉良、邵洵美對其作讚賞有加，邵氏更美言其為「近代藝術界的寶貝」。
回顧常玉一生，素描作品為其風華正茂、無憂無慮之時所作。醉心人體之美又鍾愛攝影的常玉，受多角度攝影作品啟發，其筆下女子視角豐富：側像、背影、正面、局部特寫，搖曳多姿。她們煢煢孑立，極少成雙出現，大多豐腴，姿態萬千，充滿律動感。而回顧彼時巴黎盛行極簡之風，此理念與八大山人的「省」異曲同工。常玉將少時積累的東方書畫底蘊完美融會於西方構圖中，「脫俗又不因循」，佈局淡雅，畫面純粹輕快，人物獨具風雅。作品中可見大量留白，畫中線條至簡，數筆曲線便勾勒出比例誇張的大腿，塑造「梳齒狀」指尖，人物神態惟妙惟肖。學者衣淑凡將其素描作品大致分為兩類：含陰影及框線作品，及單純具輪廓線之作。前者結合鉛筆和炭筆施繪，後者多以毛筆描寫，本次拍賣之作並現兩者風華。
鉛墨流轉，歲月靜好
「我學畫畫原來的動機也就是這一點對人體秘密的好奇。你說我窮相，不錯，我真是窮，飯都吃不出，衣都穿不全，可是模特兒我怎樣也省不了。這對人體美的欣賞在我已經成了一種生理的要求，必要的奢侈，不可擺脫的嗜好；我寧可少吃儉穿，省下幾個法郎來多雇幾個模特……」
——常玉
常玉鐘情於具力量感、高大的模特兒，《站姿裸女》（拍品編號75）為本次上拍之阿拔赫藏品中唯一一件裸女作品，實屬經典之寫。藝術家以鉛筆、炭筆併用，線條柔和靈動，如書法運筆，一氣呵成地勾繪出人物軀幹，主角雙手交疊，合十貼臉。而以極簡的圓形、曲線速寫出人物立體的五官、卷髮及肚臍。女子的頭部被刻意縮小，豐盈飽滿的身軀及若「宇宙」般被誇大的四肢大方展露於觀者眼前，張力不凡。炭筆暈染於鉛筆線條之上，強調輪廓曲線，一展虛實間的呼應。視線下巡，「梳齒狀」腳趾輪廓細緻而現，與豐碩軀幹形成強烈對比，突顯「肉感」氣息。畫中人抬頭，下巴微斂，風情萬種地凝視觀者，流露著女性對自我體態的欣賞，也讓人不禁沉浸於「簡約裡複雜，複雜裡簡約」的婀娜曲線中，過目不忘！
《讀報女子》（拍品編號73）亦為藝術家以鉛筆、炭筆速寫之典範。畫中主角如端坐於咖啡廳的大家閨秀，戴著時髦的短沿圓帽(cloche hat)及珍珠項鏈，耳環在臉側隱隱若現，手持報紙，肩部微屈，身體呈90度坐姿，身材瘦削，文靜典雅。與《站姿裸女》繪法相似，常玉先以鉛筆細線繪其身，炭筆疊加作陰影，但本作炭筆線條更加交錯、運用面積更廣，用以呈現女子如絲綢般流螢飄逸的衣著質地，使畫面更飽滿。以打圈式描摹的珍珠項鏈實為點睛之筆，在繁複的炭筆線條間，每一個精細的圓都訴說著法國女人的精緻與慵懶。只見她將報紙鋪在腿上，溫柔頷首，一手翻閱，翩若驚鴻，沉靜洵美。
弱水三千，只取一「墨」
「形式上我追求簡化，直至最核心的本質……精準的力量才能更加豐沛無限。」
——常玉
而是次上拍的另二件作品，皆為同一短髮美女、以角度不一的毛筆繪就。二者均採用對角線構圖，以低視角誇張放大主角腿部，描繪女子側身坐姿。人物動作暗示被隱去的坐椅和手中筆桿，在曲直交匯間，簡約卻又精準地呈現低眉靜思、心無旁騖的女子。
在《斜坐仕女》（拍品編號74）中，濃墨從人物左肩一順而下，延伸至裙擺，帶出雙腿輪廓，墨色漸枯之際，寫出粗跟瑪麗珍鞋、直挺的外套、纖纖細手，最後以簡勁之筆勾勒出人物五官及短髮，盡顯別具一格的頭身比例。豐腴的小腿與腳下拘謹的姿勢對立，主角左手指尖呈握筆之勢，人物安之素若的綽態，讓人耳目一新。
而在另一《女子側像》（拍品編號76）中，常玉由側後方的角度細察女子，在其頸部下筆，墨色隨筆尖順流而下，竭於裙擺處，將「宇宙大腿」深藏連衣裙下，自後，筆觸如游絲特意拉長，掃出裸露的小腿，線條婉若游龍，大氣凝練。她輕抬梳齒狀的玉手，手中雖無物，但其動作令人聯想她若微調腿上紙張的位置，虛實間剛柔齊驅，給人另一番的想象。
作家楊絳曾言：「靈魂生來孤獨」，漂泊流離的常玉，始終超然無所拘，將他對藝術不竭之愛化作紙上神韻。這些女子無關風月，遺世獨立。上世紀的巴黎倩影，被他鮮活留駐，觀看眼前作品，倘若跨時空與其相擁。常玉以窮盡一生的孤獨修行，獨留「緘默」與後人共鳴，令人在如歌的雅韻中，細享各自的緣聚緣散。
PROVENANCE
Previous collection of the family of art historian Chen Yen-Fon's friend and French writer Michel Habart
Private Collection, Asia
The Treasures of Captivating Beauty
Sanyu's Delicate Figures on Paper
"Whoever will eventually shake the world will remain silent for a long time; Whoever will eventually light the lightning will be drifting like clouds for a long time."
——German philosopher Friedrich Nietzsche
Sanyu is hailed as the most accomplished and famous Chinese artist living in France before World War II. Born in Nanchong, Sichuan, he learned painting from his father during his childhood and studied calligraphy with the famous calligrapher Zhao Xi. Blessed with a prosperous family and the support of his elder brother Junmin, he went to Paris under the government-sponsored work- study program in his 20s. Ten years later, his brother passed away. Sanyu also experienced the departure of his beloved and faced poverty yet remained pursue his dream of art in Paris. His innate humour and spirit of not compromising for material gain allowed him to persevere with a pure heart, even though he was unrecognized during his lifetime. In 1966, he passed away unexpectedly as a wanderer without a penny, leaving behind a legendary story.
In September 1966, after Sanyu's passing, the works in his studio became relics and were auctioned off in bundles by the Drouot auction house in Paris. French collector Michel Habart chanced upon Sanyu's works and was instantly captivated. Without hesitation, he purchased hundreds of exquisite paper works. His daughter, Doris Habart, recalled, "I remember the beaming face of my father when he came home with his treasure under his arm…… My father saw in these works inspired from Matisse, Maillol sculptures and Henry Moore." Ten years later, art historian Chen Yen-Fon, came across Sanyu's sketches and through mutual friends, met Habart. They became close acquaintances, piecing together Sanyu's life story and organizing solo exhibitions for him, allowing the world to witness the exquisite charm hidden for a hundred years. This autumn auction, China Guardian Hong Kong presents four delicate paper works by Sanyu from the Habart Family's collection, with a well-documented provenance that is sought-after.
Amidst the Fusion of Chinese and Western Cultures, a Unique Charm and Elegance Emerged
"The more Sanyu painted and delved more deeply into things, the more he rediscovered the peculiarities of his race as new truths…… He knows how to depict the essence and often humour of things with astonishingly little means."
——Johan Franco, a close friend and important patron of Sanyu, a Dutch composer
In the 1920s, when Sanyu first arrived in France, he was unrestrained. He eschewed the rigid art academy and chose to study independently at the Académie de la Grande Chaumière in Montparnasse. He focused on studying sketching and quick sketching. This dashing young gentleman, who appreciated Western techniques while remaining true to his roots, often used a traditional Chinese brush to sketch and frequently drew a crowd of curious fellow students. He specialized in drawing female figures, using the "hook lines and washes" techniques he learned in China to portray the contours of the figures. He then shaded them with pencils and charcoal, creating bold and accurate strokes with concise and vigorous lines. Under his gentle strokes, regardless of age or gender, the models were instantly transformed into nude figures. This distinctive painting style received even more acclaim as it became more extravagant. At the time, nude painting was highly controversial and "inappropriate" in China, but Sanyu, living in Paris, had the freedom to express himself and enriched the subject matter. According to available records, Sanyu created nearly two thousand nude and portrait sketches throughout his life. Xu Zhimo, Pan Yuliang, and Shao Xunmei praised his works highly, with Shao referring to him as "a treasure in the world of modern art."
Looking back on Sanyu's life, his sketches were created during his prime, carefree and unrestrained youth time. With a passion for the beauty of the human body and a love for photography, Sanyu's female perspectives were rich and varied: profiles, back views, front views, and close-up details, all displaying a graceful agility. They stood alone, mostly voluptuous, with diverse postures full of rhythm. At that time, minimalist aesthetics were prevalent in Paris, and this concept aligned with Bada Shanren's concept of "Sheng" (control/restraint). Sanyu perfectly integrated the Eastern calligraphic and painting traditions he accumulated in his youth into Western composition, "not in a confused, sacrilegious way, but with an elevated awareness." His compositions were elegant and his paintings were pure and lively, resulting in figures with distinctive elegance. Many areas of his artworks were left blank, and his lines were "simplified" to the point of being almost "invisible." A few bold curves outlined exaggerated proportions of thighs, and his brushstrokes shaped comb-like fingertips, capturing the lifelike gestures of his subjects. Scholar Rita Wong generally divided Sanyu's sketches into two categories to distinguish a fundamental difference in his drawing style: some with shading or outline silhouettes and the others with just unembellished line. The former were created using a combination of pencils and charcoal, while the latter were mostly depicted using a traditional Chinese brush. The works in this auction embody both styles.
Flowing Ink in the Peaceful Years
"My original motivation for learning to paint is curiosity about the secrets of the human body. You say I look poor, yes, I am truly poor, unable to afford food or clothing, but as for models – I just couldn't cut back on that. Appreciation of the beauty of the human body has become a physiological requirement for me, a necessary luxury, an irresistible addiction; I would rather eat less and save a few francs to hire more models..."
——Sanyu
Sanyu had a fondness for models with a sense of strength and height and Standing Nude (Lot 75) is the only?nude artwork?in Habart's collection that is up for auction this time. It is a classic portrayal of the female form. Using a combination of pencils and charcoal, the artist's lines are soft and agile, like brushstrokes in calligraphy, effortlessly rendering the figure's torso. The main character folds her hands together, with her face pressing against them in a prayer position. The facial features, curly hair, and navel of the figure are sketched with minimalistic circles and curves. The woman's head is deliberately shrunk, while her voluptuous body and exaggerated limbs are displayed gracefully, exuding extraordinary tension. The charcoal smudging on the pencil lines emphasizes the contour lines, creating a balance between reality and illusion. The toes, which resemble a comb shape, are intricately depicted, presenting a sharp contrast with the voluptuous body, highlighting the sensuality of the piece. With her chin slightly lowered, the woman in the painting gazes at the viewer with a variety of expressions, revealing the appreciation of the female form and leaving a lasting impression of the elegant curves that are both complex and simple.
Lady Reading Newspaper (Lot 73) is also an exemplary work of the artist's pencil and charcoal sketching. The main character in the painting is a refined and elegant lady sitting in a café, wearing fashionable cloche hat and a pearl necklace. Her earring is faintly visible on the side of her face, and she holds a newspaper, with her shoulder slightly bent, sitting at a 90-degree angle. Like the technique used in Standing Nude, Sanyu initially sketches the figure with fine pencil lines, then overlays charcoal to create shadows. However, in this piece, the charcoal lines are more intertwined and cover a wider area, presenting the flowing and delicate texture of the woman's clothing in a silken manner, making the composition more full-bodied. The pearl necklace, drawn in a circular manner, adds the finishing touch, with each delicate circle amidst the intricate charcoal strokes revealing the delicacy and indolence of French women. The woman spreads the newspaper on her legs, gently lowering her head, flipping through it gracefully, charming and serene.
Amidst the Boundless River, Only a Single Drop of Ink Is Taken
"As for the form, I have pushed simplicity until indicating only what is strictly essential...... sobriety, with its suggestive force, is richer, more infinite."
——Sanyu
The other two works in the auction feature the same short-haired beauty, drawn with a brush from different angles. Both adopt a diagonal composition, exaggeratedly enlarging the legs of the main character from a low perspective, the woman's side-sitting posture. The figure's movement suggests a hidden chair and pen in hand. The simple yet precise strokes present a woman lost in thought with a calm and focused demeanour, amidst the interplay of curves and straight lines.
In Reclining Lady (Lot 74), dense ink flows from the figure's left shoulder down to the hem of her skirt, outlining the contour of her legs. As the ink colour gradually fades, depicting the thick Mary Jane shoes, straight coat,?delicate hands, and finally, using simple yet powerful strokes, outlining the character's?facial features?and?short hair, highlighting the unique proportion of the head and body. The?plump calves?and?restrained posture?of the feet are in contrast to the slender body. The main character's left hand is positioned as if holding a pen, exuding a graceful and composed demeanour.
In Lady Profile (Lot 76), Sanyu observes the woman from a side angle, starting from her neck and following the ink flow down to the hem of her dress while concealing the "thighs of the universe" beneath the dress. The strokes are deliberately elongate like floating silk, revealing the exposed calves with elegant and concise lines. She lightly lifts her hand, holding nothing in her hand, yet her movement suggests that she is adjusting the position of the paper on her leg. The interplay between reality and illusion in the artwork creates a sense of harmony evoking new interpretations.
Writer Yang Jiang once said, "The soul is born alone." Sanyu, who lived a life of wandering, remained free and unconstrained, turning his endless love for art into spiritual charm on paper. These women have nothing to do with romance, they exist in their own independent world on the paper. The fleeting shadows of 20th century Paris are vividly captured, and as we gaze at these artworks, it feels as if we could embrace them across time and space. Sanyu devoted his entire life to the lonely pursuit of art, leaving behind a "silence" that resonates with future generations, allowing us to each find our own connection and detachment within the melodious rhythm.
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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.
