Mr. Sidebotham
6
It appears from the first paragraph of your minute of 27th August that you have had some doubts about this matter, and I must say I am not at all clear about it either.
2.
So far as I can see, the only references to the disposition of Crown lands in the Hong Kong Constitutional Instruments are in Article XIII of the Letters Patent of the 14th February, 1917, as amended by Article II of the Letters Patent of the 16th March, 1950, and in Clause XXXI of the Royal Instructions of the 14th February, 1917.
3.
Article XIII of the Letters Patent empowers the Governor to make and execute grants and dispositions of any lands which may be lawfully granted or disposed of by
His Majesty: provided that every such grant or disposition is in conformity with either:-
(a) some law in force in the Colony; or
(b) some instructions addressed to the Governor under
His Majesty's Sign Manual and Signet; or
(c)
(a)
some instructions addressed to the Governor through a Secretary of State; or
some regulations in force in the Colony.
4.
The only laws in force in the Colony that appear to relate to Crown lands are the Crown Lands Resumption Ordinance, the Crown Rents (Apportionment) Ordinance and the Crown Rights (Re-Entry) Ordinance. Section 15 of the Crown Lands Resumption Ordinance provides that the Governor may dispose of any land that has been resumed under the Ordinance on such terms and conditions and at such price and either by public auction or public contract, as he may determine. There is nothing in any of the Ordinances I have mentioned that would appear to make any disposition of Crown lands by the Governor subject to the consent of the Secretary of State.
5. Clause XXXI of the Royal Instructions appears to be the only one that relates to the disposition of Crown lands and, as Mr. Hall points out in his minute of the 10th August, the only occasion on which the Governor is required by the Instructions to get permission is when he purchases such lands for himself.
6. I do not know what instructions concerning Crown lands have been given to the Governor through a Secretary of State. I cannot find anything in Jacks' Digest to indicate that the Governor has at any time been instructed through the Secretary of State to obtain permission before disposing of Crown lands.
7. I have not been able to find any regulation in force in Singapore relating to Crown lands.
8. I happened to see Mr. Griffin, the Attorney-General of Hong Kong, yesterday and mentioned briefly the question of the disposal of Crown lands in Hong Kong. He expressed the opinion that this was restricted to an undue extent, but we did not go into details. He pointed out that land was extremely valuable in Hong Kong and therefore Crown lands could not be alienated without due consideration.
19.