808

wherever situated and whenever acquired, must, in my judgment,

bear a uniform meaning and that meaning is clearly not the

same as the meaning of the War Department Lands which alone

are within the Marquess of Ripon's Circular Despatch of 30th.

December, 1894.

7.

As regards paragraph 3 of the General

Officer Commanding's letter, the Troops which occupied the

Kowloon Reserve were expeditionary and not garrison troops.

This fact shows that the occupation of the land by troops

was not intended to be permanent. And it must be borne in

mind that at the time referred to, the land was not the

absolute territory of the Crown, but probably only in posses-

sion of the Crown under a perpetual lease obtained by Sir Harry Parkes from Leou, Viceroy of the Two Kwangs. It may be that this occupation was prior to the perpetual lease in question which was dated 20th. March, 1860. Whether the occu-pation was during the lease or prior to the lease, does not matter, because the General Officer Commanding does not claim that any reserve was made during such occupation, but inti-mates in paragraph 4 of his letter, that the reserve was made after the Treaty (or rather Convention) signed at Peking on

24th. October, 1860.

8.

Paragraph 4 of the General Officer Com-manding's letter seems to lay down the proposition that Military Reserve at Kowloon dates from the signing of the Convention of 1860, and was created by the Military Authori-ties to be held for the purpose of maintaining law and order in and about the harbour of Hongkong.

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