Question 5 "What about the items of movable property on the land concerned?
Are these owned by the MOD or held on some other basis? Does the Hong Kong Government have first refusal if these are relinquished by MOD? How should they be dealt with in 1997?
(a)
It is not clear what the person posing this question has in mind when
he refers to "movable property". Movable property has been expressed to relate "only to such movable property as is capable of passing by delivery" (see O'Meara v Bennett 1922 1AC80.) I can find no specific reference or discussion in any document to movable property. However paras 2(8) and (9) and Annex C to the Memorandum of Understanding (MOU) dated 10.10.80 (copies attached) do refer
inter alios to "installations and other fixtures. I have assumed for the purposes
of this particular question that the words "movable property" are intended to
have the same meaning as "installations and other fixtures". If this is not the case then the person posing this question must be more specific in what he considers is covered by the words "movable property".
(b)
11
Para 2(8)(a) of the MOU provides that land "including installations
and other fixtures" which are surplus to requirements will be released to the HKG without compensation except where compensation is provided for in Annex C to the MOU. Para 2(8) a) must however be read subject to para 2(8) (c) which is expressed to apply to all land in H.K. occupied by the military under "any instru- ment whatsoever" (except private assignments or underlettings).
(c)
In view of the contents of clause 2(8)(c) it is unnecessary in my view
to look at each individual document under which the military holds land in Hong Kong as it is assumed that the contents of the MOU are intended to "overreach" whatever provisions may have been included in such documents governing
"installations and other fixtures".
(a)
Para 2(9) of the MOU specifies what should happen to buildings and facilities where land is required by the HKG for public purposes.
(e)
The compensation provisions in para 2(8)(a) are expressed to be subject to Annex C which inter alios details in paras 16, 17, 18 and 19 thereof what compensation provisions apply in respect of Scrap, Surplus Works Equipment and Surplus Buildings Fixtures and Fittings.
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