rafty

7

7

446

Suppring

the War

to b

Office home is justified in staining prgpin

of land which is not rushed for defence, get inherite

, совут poppim

is surrendera has no appreciath value which,

at montavate for that Alte for simp can be recorded under the agent during that the proporsion theo at most a rahu for, shot the fur simple,

agreements is only a benefici bare props foirm with art a deneficial intrist st

TERN.

No.61

# MEMORANDUM FOR EXECUTIVE COUNCIL

The War Office contends that under the agreement between the three Departments, the value of the

surrendered land means in all cases the full market

value. The Colonial Office admits that the full value

of what the War Office surrenders should be assessed

as accurately as circumstances permit, and the amount

paid or recorded by the Colony; but it maintains

C. Jake in from

Atm

that when the military authorities have only a right

of occupation or user, it is only this right that they

surrender, and that the value of the fee simple which belongs to the Colony cannot properly be included in

the assessment.

The question has become a pressing one in connection with a certain piece of land at Hong Kong

presently called the Murray Battery which has no military value

and has not been used as a Battery for at least a

quarter of a century.

A

The Colonial Government desires to obtain

sanction possession of the site of this disused battery comprising about 43,832 square feet, for the purpose of erecting a new Supreme Court, The Treasury, in their letter of 17th August 1892, "hold that the Colonial

in an No buildings, wo this site.

The Colonial Government should pay to the War Department the full "market value of the battery (estimated at 40,940.)

"at once, if it is surrendered to the Colony, because

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