Enclosure No. 1 to Governor's Despatch No. 383 of the 26th September, 1901.
113/8.
From Governor to Major-General Gascoigne.
710 C.O. 37905
RECD 28 AUG 01
REGD 29 OCT 01
Government House,
Hongkong, 18th June, 1901.
Sir,
With reference to negotiations respecting land required by the Military Authorities at West Point Battery, I have before me an application from a contractor for permission to erect sheds for use in the construction of West Point Battery.
While I recognize the importance of proceeding with the defence works without delay, I cannot abandon Colonial rights as settled under the late arrangement (embodied in Ordinance 1 of 1901) by which, the Military Contribution having been increased, all lands required by the Military Authorities are to be paid for by the War Department. By consent to the erection of the Battery is, therefore, strictly conditional upon the payment in due course of the purchase money demanded by this Government. Pending such payment and the transfer of the land in regular form the Military Authorities can acquire no rights whatever in the land while occupied by them on sufferance, and it should be fully understood that any expenditure incurred by the Military Authorities whilst their title to the land is still unsettled must be at their own risk and will not form the subject of any compensation, if unfortunately no agreement can be gone to between the Hongkong Government and the Military Authorities as to the price to be paid by the latter for the land in question.
I have etc.,
His Excellency the General Officer Commanding.
(sd.) H. A. Blake,
Governor,