74
1 in 13869/33
2 ibid
The main question at issue is whether the Air
Ministry is to be granted lands in Hong Kong for R.A. F.
purposes free of charge or on some basis analogous to
the Military Lands Account, which appears to be
imperfectly understood by the Air Ministry. The position
hitherto adopted by this Department is that the Hong Kong
Defence Contribution Ordinance of 1901, involving a
contribution of 20% of revenue, absolves the Colony from
any further obligations of this kind. The Military Lands
Account is not a method of providing land free of cost
for defence purposes, but a means of preserving intact,
in money or in land, certain properties acquired by the
War Department early in the history of Hong Kong (and
other Colonies), and to which the War Department was
acknowledged to have a prescriptive right. The Air
Ministry, never having occupied lands in this way,
cannot claim similar treatment.
2. In a semi-official letter of 29.11.33 the
Air Ministry inquired whether certain land bordering on
the Kai Tak aerodrome (situated in an area adjoining
Kowloon which would otherwise form part of extensive
town planning schemes) could be made available to them
without charge. It was argued that the Colony was under
an obligation to provide land for defence purposes, and
this contention was supported by reference to the terms
of the Colonial Military Lands Circulars. In a reply
dated 8.2.34 they were informed of the real nature of
the Military Lands Account system, and referred to the
1901 Sections of the Defence Contribution Ordinance/which relieved the Colony of any obligation in this respect
in