167
The Highly Important Great War and ‘Fall of Hong Kong’ POW Group of 11 to Sir Mark Aitchison Young
The Highly Important Great War and Fall of Hong Kong P.O.W. Group of 11 to Sir Mark Aitchison Young G.C.M.G., the 21st Governor and Commander-in-Chief of Hong Kong. Governor Young was finally advised by Major-General Christopher Maltby to sign Hong Kong’s surrender and capitulation, going in person to surrender at the Peninsula Hotel on 25 December 1941, a day known locally as ‘Black Christmas’. Young shared in the privations and abuse of his fellow P.O.W.s despite his high position, and returned to Hong Kong after the Japanese surrender to great fanfare. Soon after he made vigorous but ultimately unsuccessful attempts to reform and democratize politics in Hong Kong, devising the ‘Young Plan’ in 1946, comprising: The Most Distinguished Order of St Michael and St. George, Knight Grand Cross 1st Class Set of Insignia, comprising sash badge in silver-gilt and enamels, and breast star in silver, gilt and enamels, in original fitted case, by Garrard & Co. Ltd.; with collar chain, in silver gilt and enamels, also in original fitted case, by Garrard & Co. Ltd.; The Order of St. John of Jerusalem, Knight of Grace set of insignia, comprising neck badge, 53mm width, in silver and enamel, and breast star, 70mm width, in silver and enamel with brooch pin, neck ribbon and alternate uniform ribbon, in case of issue; The Order of St. John, officer’s breast badge, in silver;1914-15 Star (2. Lieut. M. A. Young. Rif. Brig.); British War and Victory Medals (Lieut. M. A. Young.); Jubilee Medal 1935; Coronation Medal, 1937; G.C.M.G. and O.S.J. sets separate, campaign group swing mounted on bar with reverse brooch pin, these with matching set of miniatures, medals lightly polished, very fine or better, orders generally extremely fine (11). C.M.G.: London Gazette: 03.06.1931 (Chief Secretary, Palestine); The Order of St. John, Officer: London Gazette: 24.06.1932; K.C.M.G.: London Gazette: 21.06.1940; The Order of St. John, Knight of Grace: London Gazette: 21.06.1940; G.C.M.G.: London Gazette: 01.01.1946 (Governor and Commander-in-Chief, Hong Kong). Sir Mark Aitchison Young, G.C.M.G. (1886-1974), was born on 30 June 1886, the son of Sir William Mackworth Young and Frances Mary Egerton, daughter of Sir Robert Eyles Egerton. His father had served as Resident of Mysore and Coorg, and then as Lieutenant-Governor the Punjab between 1897 and 1902, and both families were counted amongst the most distinguished families in Colonial India. Mark Aitchison Young was educated at Eton College and King’s College, Cambridge, entering the Colonial Office as an ‘Eastern Cadet’ on 4 October 1909, and subsequently taking up a post in the Ceylon Civil Service. He continued to work at the Colonial Secretary’s Office, Colombo, until the outbreak of WWI in August 1914, when he joined the Rifle Brigade, being commissioned as a Second Lieutenant on 13 June 1915. Serving on the Western Front in France and Flanders, he rose to the rank of Captain before returning to the Civil Service once the Great War had ended. His career continued on an impressive trajectory, first returning to Ceylon as Principal Assistant Colonial Secretary between 1923 and 1928, then serving as Colonial Secretary in Sierra Leone between 1928 and 1930. Between 1930 and 1933 he was Chief Secretary to the Government of the British Mandate of Palestine (for which he was made C.M.G.), later taking up his first Governorship in Barbados between 1933 and 1938, being appointed K.C.M.G. in 1934. He also served as part of the Government of Trinidad and Tobago, before serving again as Governor and Commander in Chief of the Tanganyika Territory between 1938 and 1941. Mark Young arrived in Hong Kong on 10 September 1941, and only weeks into his new role began making detailed plans to resist the attacking Japanese forces. Beginning on 8 December, the mainland areas of the New Territories and Kowloon were captured after 5 days of fighting, with Major-General Maltby’s combined British & Indian units of the Mainland Brigade (2nd Bn. Royal Scots; 5th/7th Bn. Rajput Regiment, 2nd/14th Bn. Punjab Regiment) forced back to the more readily-defensible Hong Kong Island. The first call to surrender was made by the Japanese commander Lieutenant-General Taikaishi Sakai on 13 December, but Young rejected it outright, calling upon Hong Kong’s defenders to “Fight On! Hold fast for King and Empire!” On 25 December the South China Morning Post had run the Governor’s Christmas message that very morning, showing still that the Governor had no intention of surrender: “In pride and admiration I send my greetings this Christmas Day to all those who are working so nobly and so well to sustain Hong Kong against the assault of the enemy. God bless you all in this, your finest hour.” At the same time, early that day, civilians, nurses and wounded soldiers were being killed and assaulted at St. Stephen’s College Hospital. Just hours later at 3.00pm, General Maltby was driven to Government House, in the hope of convincing the Governor to surrender, on the advice of his other fellow officers – each one at breaking point, and with water and communications now cut off. Calling a meeting with Maltby, Commander A. C. Collinson R.N., and two members of the civilian Defence Council, Governor Young heeded their advice and took the final decision to call a cease-fire at 3.15pm. Fearing further reprisals and civilian casualties, and under a chronic shortage of water, he gave the colony’s surrender to General Takashi Sakai at the Peninsula Hotel later that day, to the shock of the world, and despite Churchill’s call to fight to the very last. This, the first surrender of a British Crown Colony to invasion, became known as ‘Black Christmas’ in Hong Kong, as it braced itself for what would be a brutal 3 years and 8 months of Japanese rule. Despite his position, after two months incarceration in ‘Room 336’ of the Peninsula Hotel he spent some time in the POW camp in Stanley before being moved with other high-ranking officials (including Maltby) between further camps in Shanghai, Formosa (Taiwan), Japan, on the Mongolian border, and then to Mukden, Manchuria. Governor Young is known to have defended the rights of his fellow POWs on numerous occasions in the face of regular brutality, and shared in their privations and abusive treatment. He also once petitioned his fellow P.O.W.s to resist signing documents that they would never attempt to escape captivity. Various eye-witness P.O.W. accounts recall that Governor Young did not avoid the brutal treatment of his captors, regardless of his high position. Despite his suffering and that of those around him, he survived to see the Japanese surrender on 15 August 1945, and later took part in a number of war crimes tribunals concerning various Japanese officers and officials. Being much weakened through prolonged captivity, Governor Young was returned to Great Britain for a period of recovery before his official return to Hong Kong on 30 April 1946, where he was greeted by ‘one of the largest crowds ever to have been assembled’ by the waterfront on the Queen’s Pier (as recorded by the China Mail, 1 May 1946). This important and symbolic return to the colony’s British administration was well-received, but marked the final bow of Sir Mark Young’s eventful career. Despite his attempts to reform local politics through the self-titled ‘Young Plan’ of September 1946, which themselves were an attempt to democratise Hong Kong and to strengthen self-government for the long-term, these plans were eventually rejected for fear of communist infiltration and subversion. Governor Young was made G.C.M.G. that year in 1946, but was not otherwise recognised with any honours for his role as Governor of Hong Kong, despite his even handedness, his resilience, and his remarkable strength of character shown under the most trying of circumstances. He retired from the Colonial Office in 1947, and later died on 12 May 1974, at the age of 87.
The Highly Important Great War and Fall of Hong Kong P.O.W. Group of 11 to Sir Mark Aitchison Young G.C.M.G., the 21st Governor and Commander-in-Chief of Hong Kong. Governor Young was finally advised by Major-General Christopher Maltby to sign Hong Kong’s surrender and capitulation, going in person to surrender at the Peninsula Hotel on 25 December 1941, a day known locally as ‘Black Christmas’. Young shared in the privations and abuse of his fellow P.O.W.s despite his high position, and returned to Hong Kong after the Japanese surrender to great fanfare. Soon after he made vigorous but ultimately unsuccessful attempts to reform and democratize politics in Hong Kong, devising the ‘Young Plan’ in 1946, comprising: The Most Distinguished Order of St Michael and St. George, Knight Grand Cross 1st Class Set of Insignia, comprising sash badge in silver-gilt and enamels, and breast star in silver, gilt and enamels, in original fitted case, by Garrard & Co. Ltd.; with collar chain, in silver gilt and enamels, also in original fitted case, by Garrard & Co. Ltd.; The Order of St. John of Jerusalem, Knight of Grace set of insignia, comprising neck badge, 53mm width, in silver and enamel, and breast star, 70mm width, in silver and enamel with brooch pin, neck ribbon and alternate uniform ribbon, in case of issue; The Order of St. John, officer’s breast badge, in silver;1914-15 Star (2. Lieut. M. A. Young. Rif. Brig.); British War and Victory Medals (Lieut. M. A. Young.); Jubilee Medal 1935; Coronation Medal, 1937; G.C.M.G. and O.S.J. sets separate, campaign group swing mounted on bar with reverse brooch pin, these with matching set of miniatures, medals lightly polished, very fine or better, orders generally extremely fine (11). C.M.G.: London Gazette: 03.06.1931 (Chief Secretary, Palestine); The Order of St. John, Officer: London Gazette: 24.06.1932; K.C.M.G.: London Gazette: 21.06.1940; The Order of St. John, Knight of Grace: London Gazette: 21.06.1940; G.C.M.G.: London Gazette: 01.01.1946 (Governor and Commander-in-Chief, Hong Kong). Sir Mark Aitchison Young, G.C.M.G. (1886-1974), was born on 30 June 1886, the son of Sir William Mackworth Young and Frances Mary Egerton, daughter of Sir Robert Eyles Egerton. His father had served as Resident of Mysore and Coorg, and then as Lieutenant-Governor the Punjab between 1897 and 1902, and both families were counted amongst the most distinguished families in Colonial India. Mark Aitchison Young was educated at Eton College and King’s College, Cambridge, entering the Colonial Office as an ‘Eastern Cadet’ on 4 October 1909, and subsequently taking up a post in the Ceylon Civil Service. He continued to work at the Colonial Secretary’s Office, Colombo, until the outbreak of WWI in August 1914, when he joined the Rifle Brigade, being commissioned as a Second Lieutenant on 13 June 1915. Serving on the Western Front in France and Flanders, he rose to the rank of Captain before returning to the Civil Service once the Great War had ended. His career continued on an impressive trajectory, first returning to Ceylon as Principal Assistant Colonial Secretary between 1923 and 1928, then serving as Colonial Secretary in Sierra Leone between 1928 and 1930. Between 1930 and 1933 he was Chief Secretary to the Government of the British Mandate of Palestine (for which he was made C.M.G.), later taking up his first Governorship in Barbados between 1933 and 1938, being appointed K.C.M.G. in 1934. He also served as part of the Government of Trinidad and Tobago, before serving again as Governor and Commander in Chief of the Tanganyika Territory between 1938 and 1941. Mark Young arrived in Hong Kong on 10 September 1941, and only weeks into his new role began making detailed plans to resist the attacking Japanese forces. Beginning on 8 December, the mainland areas of the New Territories and Kowloon were captured after 5 days of fighting, with Major-General Maltby’s combined British & Indian units of the Mainland Brigade (2nd Bn. Royal Scots; 5th/7th Bn. Rajput Regiment, 2nd/14th Bn. Punjab Regiment) forced back to the more readily-defensible Hong Kong Island. The first call to surrender was made by the Japanese commander Lieutenant-General Taikaishi Sakai on 13 December, but Young rejected it outright, calling upon Hong Kong’s defenders to “Fight On! Hold fast for King and Empire!” On 25 December the South China Morning Post had run the Governor’s Christmas message that very morning, showing still that the Governor had no intention of surrender: “In pride and admiration I send my greetings this Christmas Day to all those who are working so nobly and so well to sustain Hong Kong against the assault of the enemy. God bless you all in this, your finest hour.” At the same time, early that day, civilians, nurses and wounded soldiers were being killed and assaulted at St. Stephen’s College Hospital. Just hours later at 3.00pm, General Maltby was driven to Government House, in the hope of convincing the Governor to surrender, on the advice of his other fellow officers – each one at breaking point, and with water and communications now cut off. Calling a meeting with Maltby, Commander A. C. Collinson R.N., and two members of the civilian Defence Council, Governor Young heeded their advice and took the final decision to call a cease-fire at 3.15pm. Fearing further reprisals and civilian casualties, and under a chronic shortage of water, he gave the colony’s surrender to General Takashi Sakai at the Peninsula Hotel later that day, to the shock of the world, and despite Churchill’s call to fight to the very last. This, the first surrender of a British Crown Colony to invasion, became known as ‘Black Christmas’ in Hong Kong, as it braced itself for what would be a brutal 3 years and 8 months of Japanese rule. Despite his position, after two months incarceration in ‘Room 336’ of the Peninsula Hotel he spent some time in the POW camp in Stanley before being moved with other high-ranking officials (including Maltby) between further camps in Shanghai, Formosa (Taiwan), Japan, on the Mongolian border, and then to Mukden, Manchuria. Governor Young is known to have defended the rights of his fellow POWs on numerous occasions in the face of regular brutality, and shared in their privations and abusive treatment. He also once petitioned his fellow P.O.W.s to resist signing documents that they would never attempt to escape captivity. Various eye-witness P.O.W. accounts recall that Governor Young did not avoid the brutal treatment of his captors, regardless of his high position. Despite his suffering and that of those around him, he survived to see the Japanese surrender on 15 August 1945, and later took part in a number of war crimes tribunals concerning various Japanese officers and officials. Being much weakened through prolonged captivity, Governor Young was returned to Great Britain for a period of recovery before his official return to Hong Kong on 30 April 1946, where he was greeted by ‘one of the largest crowds ever to have been assembled’ by the waterfront on the Queen’s Pier (as recorded by the China Mail, 1 May 1946). This important and symbolic return to the colony’s British administration was well-received, but marked the final bow of Sir Mark Young’s eventful career. Despite his attempts to reform local politics through the self-titled ‘Young Plan’ of September 1946, which themselves were an attempt to democratise Hong Kong and to strengthen self-government for the long-term, these plans were eventually rejected for fear of communist infiltration and subversion. Governor Young was made G.C.M.G. that year in 1946, but was not otherwise recognised with any honours for his role as Governor of Hong Kong, despite his even handedness, his resilience, and his remarkable strength of character shown under the most trying of circumstances. He retired from the Colonial Office in 1947, and later died on 12 May 1974, at the age of 87.
War Medals, Orders and Decorations
Auktionsdatum
Ort der Versteigerung
Für Morton & Eden Ltd. Versandinformtation bitte wählen Sie +44 (0)20 7493 5344.
Wichtige Informationen
Auction venue:
Sotheby's, in the Lower Grosvenor Gallery
The Aeolian Hall, Bloomfield Place
London W1A 2AA
Public viewing at:
Nash House
St George Street
London W1S 2FQ
AGB
Conditions of Business for Buyers
1. Introduction
(a) The contractual relationship of Morton & Eden Ltd. and Sellers with prospective Buyers is governed by:-
(i) these Conditions of Business for Buyers;
(ii) the Conditions of Business for Sellers displayed in the saleroom and available from Morton & Eden Ltd.; (iii) Morton & Eden Ltd.’s Authenticity Guarantee;
(iv) any additional notices and terms printed in the sale catalogue, in each case as amended by any saleroom notice or auctioneer's announcement.
(b) As auctioneer, Morton & Eden Ltd. acts as agent for the Seller. Occasionally, Morton & Eden Ltd. may own or have a financial interest in a lot.
2. Definitions "Bidder" is any person making, attempting or considering making a bid, including Buyers;
"Buyer" is the person who makes the highest bid or offer accepted by the auctioneer, including a Buyer’s principal when bidding as agent;
"Seller" is the person offering a lot for sale, including their agent, or executors;
“M&E” means Morton & Eden Ltd., auctioneers, 45 Maddox Street, London W1S 2PE, company number 4198353.
"Buyer’s Expenses" are any costs or expenses due to Morton & Eden Ltd. from the Buyer; "Buyer’s Premium" is the commission payable by the Buyer on the Hammer Price at the rates set out in the Important Information for Buyers;
"Hammer Price" is the highest bid for the Property accepted by the auctioneer at the auction or the post auction sale price;
"Purchase Price" is the Hammer Price plus applicable Buyer’s Premium and Buyer’s Expenses;
"Reserve Price" (where applicable) is the minimum Hammer Price at which the Seller has agreed to sell a lot.
The Buyer’s Premium, Buyer’s Expenses and Hammer Price are subject to VAT, where applicable.
3. Examination of Lots (a) M&E’s knowledge of lots is partly dependent on information provided by the Seller and M&E is unable to exercise exhaustive due diligence on each lot. Each lot is available for examination before sale. Bidders are responsible for carrying out examinations and research before sale to satisfy themselves over the condition of lots and accuracy of descriptions.
(b) All oral and/or written information provided to Bidders relating to lots, including descriptions in the catalogue, condition reports or elsewhere are statements of M&E’s opinion and not representations of fact. Estimates may not be relied on as a prediction of the selling price or value of the lot and may be revised from time to time at M&E’s absolute discretion.
4. Exclusions and limitations of liability to Buyers
(a) M&E shall refund the Purchase Price to the Buyer in circumstances where it deems that the lot is a Counterfeit, subject to the terms of M&E’s Authenticity Guarantee.
(b) Subject to Condition 4(a), neither M&E nor the Seller:-
(i) is liable for any errors or omissions in any oral or written information provided to Bidders by M&E, whether negligent or otherwise;
(ii) gives any guarantee or warranty to Bidders and any implied warranties and conditions are excluded (save in so far as such obligations cannot be excluded by English law), other than the express warranties given by the Seller to the Buyer (for which the Seller is solely responsible) under the Conditions of Business for Sellers;
(iii) accepts responsibility to Bidders for acts or omissions (whether negligent or otherwise) by M&E in connection with the conduct of auctions or for any matter relating to the sale of any lot.
(c) Without prejudice to Condition 4(b), any claim against M&E and/ or the Seller by a Bidder is limited to the Purchase Price for the relevant lot. Neither M&E nor the Seller shall be liable for any indirect or consequential losses.
(d) Nothing in Condition 4 shall exclude or limit the liability of M&E or the Seller for death or personal injury caused by the negligent acts or omissions of M&E or the Seller.
5. Bidding at Auction
(a) M&E has absolute discretion to refuse admission to the auction. Before sale, Bidders must complete a Registration Form and supply such information and references as M&E requires. Bidders are personally liable for their bid and are jointly and severally liable with their principal, if bidding as agent (in which case M&E’s prior and express consent must be obtained).
(b) M&E advises Bidders to attend the auction, but M&E will endeavour to execute absentee written bids provided that they are, in M&E’s opinion, received in sufficient time and in legible form.
(c) When available, written and telephone bidding is offered as a free service at the Bidder’s risk and subject to M&E’s other commitments; M&E is therefore not liable for failure to execute such bids. Telephone bidding may be recorded.
6. Import, Export and Copyright Restrictions M&E and the Seller make no representations or warranties as to whether any lot is subject to import, export or copyright restrictions. It is the Buyer's sole responsibility to obtain any copyright clearance or any necessary import, export or other licence required by law, including licenses required under the Convention on the International Trade in Endangered Species (CITES).
7. Conduct of the Auction
(a) The auctioneer has discretion to refuse bids, withdraw or re-offer lots for sale (including after the fall of the hammer) if (s)he believes that there may be an error or dispute, and may also take such other action as (s)he reasonably deems necessary.
(b) The auctioneer will commence and advance the bidding in such increments as (s)he considers appropriate and is entitled to place bids on the Seller’s behalf up to the Reserve Price for the lot, where applicable.
(c) Subject to Condition 7(a), the contract between the Buyer and the Seller is concluded on the striking of the auctioneer's hammer.
(d) Any post-auction sale of lots shall incorporate these Conditions of Business.
8. Payment and Collection
(a) Unless otherwise agreed in advance, payment of the Purchase Price is due in pounds sterling immediately after the auction (the "Payment Date").
(b) Title in a lot will not pass to the Buyer until M&E has received the Purchase Price in cleared funds. M&E will generally not release a lot to a Buyer before payment. Earlier release shall not affect passing of title or the Buyer's obligation to pay the Purchase Price, as above.
(c) The refusal of any licence or permit required by law, as outlined in Condition 6, shall not affect the Buyer’s obligation to pay for the lot, as per Condition 8(a).
(d) The Buyer must arrange collection of lots within 10 working days of the auction. Purchased lots are at the Buyer's risk from the earlier of (i) collection or (ii) 10 working days after the auction. Until risk passes, M&E will compensate the Buyer for any loss or damage to the lot up to a maximum of the Purchase Price actually paid by the Buyer. M&E’s assumption of risk is subject to the exclusions detailed in Condition 5(d) of the Conditions of Business for Sellers.
(e) All packing and handling of lots is at the Buyer's risk. M&E will not be liable for any acts or omissions of third party packers or shippers.
9. Remedies for non-payment Without prejudice to any rights that the Seller may have, if the Buyer without prior agreement fails to make payment for the lot within 5 working days of the auction, M&E may in its sole discretion exercise 1 or more of the following remedies:-
(a) store the lot at its premises or elsewhere at the Buyer’s sole risk and expense;
(b) cancel the sale of the lot;
(c) set off any amounts owed to the Buyer by M&E against any amounts owed to M&E by the Buyer for the lot;
(d) reject future bids from the Buyer;
(e) charge interest at 8% per annum above Lloyds TSB Bank plc Base Rate from the Payment Date to the date that the Purchase Price is received in cleared funds;
(f) re-sell the lot by auction or privately, with estimates and reserves at M&E’s discretion, in which case the Buyer will be liable for any shortfall between the original Purchase Price and the amount achieved on re-sale, including all costs incurred in such re-sale;
(g) Exercise a lien over any Buyer’s Property in M&E’s possession, applying the sale proceeds to any amounts owed by the Buyer to M&E. M&E shall give the Buyer 14 days written notice before exercising such lien;
(h) commence legal proceedings to recover the Purchase Price for the lot, plus interest and legal costs;
(i) disclose the Buyer’s details to the Seller to enable the Seller to commence legal proceedings.
10. Failure to collect purchases
(a) If the Buyer pays the Purchase Price but does not collect the lot within 20 working days of the auction, the lot will be stored at the Buyer's expense and risk at M&E’s premises or in independent storage.
(b) If a lot is paid for but uncollected within 6 months of the auction, following 60 days written notice to the Buyer, M&E will re-sell the lot by auction or privately, with estimates and reserves at M&E’s discretion. The sale proceeds, less all M&E’s costs, will be forfeited unless collected by the Buyer within 2 years of the original auction.
11. Data Protection
(a) M&E will use information supplied by Bidders or otherwise obtained lawfully by M&E for the provision of auction related services, client administration, marketing and as otherwise required by law.
(b) By agreeing to these Conditions of Business, the Bidder agrees to the processing of their personal information and to the disclosure of such information to third parties world-wide for the purposes outlined in Condition 11(a) and to Sellers as per Condition 9(i).
12. Miscellaneous
(a) All images of lots, catalogue descriptions and all other materials produced by M&E are the copyright of M&E.
(b) These Conditions of Business are not assignable by any Buyer without M&E’s prior written consent, but are binding on Bidders' successors, assigns and representatives.
(c) The materials listed in Condition 1(a) set out the entire agreement between the parties.
(d) If any part of these Conditions of Business be held unenforceable, the remaining parts shall remain in full force and effect.
(e) These Conditions of Business shall be interpreted in accordance with English Law, under the exclusive jurisdiction of the English Courts, in favour of M&E.
Morton & Eden Ltd.’s Authenticity Guarantee
If Morton & Eden Ltd. sells an item of Property which is later shown to be a “Counterfeit”, subject to the terms below Morton & Eden Ltd. will rescind the sale and refund the Buyer the total amount paid by the Buyer to Morton & Eden Ltd. for that Property, up to a maximum of the Purchase Price.
The Guarantee lasts for two (2) years after the date of the relevant auction, is for the benefit of the Buyer only and is non-transferable. “Counterfeit” means an item of Property that in Morton & Eden Ltd.’s reasonable opinion is an imitation created with the intent to deceive over the authorship, origin, date, age, period, culture or source, where the correct description of such matters is not included in the catalogue description for the Property. Property shall not be considered Counterfeit solely because of any damage and/or restoration and/or modification work (including, but not limited to, traces of mounting, tooling or repatinating). Please note that this Guarantee does not apply if either:-
(i) the catalogue description was in accordance with the generally accepted opinions of scholars and experts at the date of the sale, or the catalogue description indicated that there was a conflict of such opinions; or
(ii) the only method of establishing at the date of the sale that the item was a Counterfeit would have been by means of processes not then generally available or accepted, unreasonably expensive or impractical; or likely to have caused damage to or loss in value to the Property (in Morton & Eden Ltd.’s reasonable opinion); or
(iii) there has been no material loss in value of the Property from its value had it accorded with its catalogue description.
To claim under this Guarantee, the Buyer must:-
(i) notify Morton & Eden Ltd. in writing within one (1) month of receiving any information that causes the Buyer to question the authenticity or attribution of the Property, specifying the lot number, date of the auction at which it was purchased and the reasons why it is believed to be Counterfeit; and
(ii) return the Property to Morton & Eden Ltd. in the same condition as at the date of sale and be able to transfer good title in the Property, free from any third party claims arising after the date of the sale.
Morton & Eden Ltd. has discretion to waive any of the above requirements. Morton & Eden Ltd. may require the Buyer to obtain at the Buyer's cost the reports of two independent and recognised experts in the relevant field and acceptable to Morton & Eden Ltd. Morton & Eden Ltd. shall not be bound by any reports produced by the Buyer, and reserves the right to seek additional expert advice at its own expense. In the event Morton & Eden Ltd. decides to rescind the sale under this Guarantee, it may refund to the Buyer the reasonable costs of up to two mutually approved independent expert reports, provided always that the costs of such reports have been approved in advance and in writing by Morton & Eden Ltd.