State's despatch of the 6th November 1891, which I have already referred to, and I must confess that it seems to me to be conclusive against the present Military Authorities.
The decision conveyed in that despatch that "it will be sufficient if the defence works are rendered self-defensible" appears clearly to indicate that the utmost right which the Military Authorities would be permitted to exercise, in connection with the Kowloon Military Reserves, is to prevent the erection of any buildings which will interfere with the line of fire from such defence works.
For the above reasons I am of opinion that the Military authorities have not and had a right of perpetual occupation of any lands within the Military Reserves for the purpose of defence, and that they merely possessed, putting their case most favorably and treating the arrangement of June 1887 as valid and unmodified, a right which has since terminated owing to the alteration of the scheme of defence, to prevent the erection of buildings upon lots within the reserve which were leased subsequent to the 25th June 1887.
In conclusion I would point out in connection with the Secretary of State's directions in his above despatch of 6th November 1891 concerning rifle range land and Military exercises, that the Military Authorities have retained the rifle ranges and sufficient ground for Military exercises in their possession as at 31st July, 1896.
B. Alwyne Pollock
Act. Attorney General.