Question 1 "What is the significance of a Memorandum of Appropriation?"
(a) Background
(i)
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The appropriation procedure was approved by the Weekly Lands Meeting on the 14.6.67 and replaced the Military Lands Account for use when appropriating land for military purposes. The Military Lands Account was closed on the 1.4.67 upon the advice of the Executive Council and with the agreement of the Ministry of Defence (MOD).
(ii)
The appropriation was initially to have been by way of a Deed of Appropriation (DOA) but it was agreed on the 12.2.67 that the DOA should be replaced by a Memorandum of Appropriation (MOA). The MOA would not require execution under seal and could therefore be completed locally. In any event, the Area Defence Land Agent had no authority to execute
documents under seal.
(iii) Upon conclusion of the Defence Costs Agreement 1976, it was
considered necessary by the Secretary for the Environment to redraft
the MOA in order to take account of various changes incorporated in
the Memorandum of Understanding. Incredibly, the form of MOA still remains under review and as far as I am aware from RG (LO) files the matter rests with the MOD. A copy of the up-to-date form of the
reviewed MOA is attached.
(b) Appropriation Procedure
(i)
The revised form of MOA provides for land to be appropriated and set apart "for the use of the Secretary of State for purposes in connection with the maintenance of the garrison and the defence of Hong Kong" upon certain terms and conditions. When the land is no longer required for defence purposes, the MOA also provides for its release back to the HKG and details what steps should be taken in respect of building etc.
erected on the land at the time of release.
(ii) In processing the MOA, the MOD Lot No's are allocated to the piece of land concerned and two Registere have been opened for the purpose of registering the relevant documents in the Land Office. One Register deals with MOD Lots in Hong Kong Island and Kowloon and the other deals with MOD Lots in New Kowloon and the New Territories. To date 17 new MOD Lot No's have been allocated to lots in Hong Kong and Kowloon and 32 in New Kowloon and the New Territories, however only 6 and 7 lots respectively
have been documented by way of MOA.
(c)
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