Enclosure
July, 18497
wo 20135
"may interfere with the defences"
3.
136
On the 12th July, 1887, the General Officer Commanding put forward the request of Colonel Storer, dated the previous day, of which a copy is enclosed, that the ground tinted yellow on a plan 'A' of which a copy has been furnished to your Department by the War Office, should "be treated as a Military Reserve and that no portion of it should be alienated or disposed of on lease without the consent of the Military Authorities". This was agreed to by the Colonial Government in the Acting Colonial Secretary's letter of the 26th July, 1887, of which a copy was enclosed in the War Office letter to the Colonial Office, Hongkong 8/173, of the 13th June last.
4.
This agreement is held by the Army Council, according to that letter, to deprive the Colony of the value of the land except for agricultural purposes and, not only that, but also to transfer building rights, i.e. the excess of the building over the agricultural value to the War Department. I am very doubtful whether this is the legal effect of the engagement not to alienate or dispose of land without the consent of the Military Authorities*. The opinion of various Law Officers to this Government has certainly always been against the contention.
5.
The case of the Sywan Reserve which is now wanted for actual Military purposes is one in which the Colony would certainly be disposed to treat the War Department with liberality, but to accept the principle laid down by the Army Council in this case involves its acceptance in the