Lanction what has been done in M. Denison's case
by Sur
but the non-compliance with instructions from the Sec. of State does not invalidate a contract made by the Govt with an individual - The Govt must answer for its right of instructions.
the S. As & the
govt's action - I am by no means
satisfied
that the premium system is a bad one - In 1875 during a time of depression the Crown Tenants made a great fuss about their rents & wanted a reduction, but a Commission of which I was chairman resisted (Nov. 12.75) against it because the
rents were below the amounts for
which leases were abnormally
granted.
I argued that the rents of unoccupied lots would not
bring back the prosperity which some think they would have, if refunded. I have little doubt that distress then was due to other causes. Since
Depression
of one kind or another we shall have similar petitions again in times
of difficulty, & they will be more
difficult to answer.
I incline to retain the existing practice, which gives the Govt
discretionary power to commute a premium
in individual cases -
as in Linison's case, whenever for particular reasons he thinks it
advisable.
I am sorry to have kept this as long.
Precisely what W. Branston proposes. Personally,
I should be inclined to a system of higher rents
& lower premium, but the present arrangement
appears to work without friction at Hong
Kong.
When Swire met A. Clarke out reformed
the Land Regulations Art. XII. which states that Landgrants shall be in conformity with any
Instructions from the Sec. of State as the Govt might properly act upon. My minute referred to General Circular 88.46
Page 174
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