8
REVIEW
the necessary reservations made for roads and other public pur- poses; second, that the Governor himself shall not acquire land without specific approval. Disposal of land over the years has been controlled largely by a series of Secretary of State despatches which, together with local rulings, may be conveniently referred to as Colonial Instructions. These instructions are too numerous and detailed to be dealt with comprehensively but can best be con- sidered by the changes they have effected since 1841 in the method of disposal, length of lease and manner of payment for the various transactions concerned.
Method of disposal
The somewhat confusing history of land dealings in the first two years from the date when Captain Elliot declared Hong Kong a British Colony in January 1841 to the ratification of the Treaty of Nanking in June 1843 terminated with Lord Stanley's despatch of August 1843. In January 1844 came the Secretary of State's despatch No 31 which required that—
'ALL lands are to be disposed of in the first instance by auction, not in perpetuity, nor for a sum paid down, but for an amount of annual rent, on leases for such terms as may be fixed by the Governor for the time being, not exceeding 75 years in the case of lands sold for building purposes'.
The same despatch also required adequate publicity and suffi- cient upset price to prevent the auction becoming a mere form and, while allowing country lands, that is, lands other than marine, town or suburban lots, that had been put to auction but not sold, to be disposed of by private treaty at upset price, recommended that such lands might well be exposed to auction a second time. This despatch also provided that grants of land to public institu- tions should be made with caution and not of greater area than can be effectively used for the immediate purpose. Grants for com- mercial enterprises should not be made and 'the principle that land is not to be given gratuitously to any person or under any pretext cannot be too strongly insisted on'. These principles have remained intact to the present day.
In the case of reclamations it was provided that 'all land re- claimed beyond the limits of marine lots belongs to the Crown'