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3.
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At the same time the representations made in
your despatch and the grounds on which those
representations are based have received the careful and
sympathetic consideration of my Executive Council.
4.
No premium has hitherto been claimed in respect of Crown Land transferred for the purposes now in question nor is it proposed that any should be claimed
in future cases.
5.
The nature and constituents of the resumption charges which have been incurred in all cases of sites required by the Air Ministry are covered by the provisions of sections 10(1), 11 and 11A(4) of the Crown Lands
Resumption Ordinance, No. 10 of 1900. In the recent case
of the acquisition of the Pat Heung site the land resumed was entirely agricultural and the resumption costs thereof comprised the market value of the land, crop compensation and compensation for buildings (principally village dwelling houses). In a few instances small ex gratia payments to which the local Air Ministry authorities agreed were made in respect of the removal of graves and shrines.
6.
To forego any part of its claim from the Air
Ministry for reimbursements of the costs of resumption, which represent no more than fair compensation to the expropriated owners, would in effect be to make a cash
contribution to Air Ministry funds, nor does it seem equitable
to single out for special treatment such part of that
fair compensation as might theoretically be held to be in
respect of premium originally paid by such owners.
7.
In this connection it is to be noted that in the
New Territories, in which all transfers of land to the
Air Ministry have hitherto occurred, much of the land was
in private ownership when the lease of the Territories
was acquired and that in such cases no premium or equivalent