CO129-173 - Sir Kennedy - 1876 [1-3] — Page 429

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed

426

adding that he would dissect the date and the exact position of the stone to be recorded as evidence on the plans of War Department property, in the Royal Engineer's Office at Hing Kong.

These matters having been satisfactorily settled and this Department having placed the stone in situ, Colonel De Butts attended officially, accompanied by an Officer of this Department, proceeded to inspect the stone and approved of its site. Its position was then duly registered in the plans of Crown Lands in this Department, and I have no doubt that in compliance with his expressed intention, its position and the date of its inspection were also recorded by Colonel De Butts on the plan determining the proposed New Road and Concession, which plan is archived in the Royal Engineer office, and acquiesced in and signed by both Civil and Military authorities and approved by the Secretary of State for War.

In the face of the proceedings of 1869 and of the records extant, it is therefore futile to assert whether that no cession has taken place. Colonel De Butts was or was not competent to solemnize the transfer is another matter, and one which it is not my province to enter into here. But the fact remains none the less true, that by common accord the Colonial Government entered into possession in 1867, that it received the Land from Colonel De Butts officially, not as Commanding Royal Engineer but as Commandant, or Supreme Military Officer at this station, and that its rights have never been questioned until lately.

As custodian of the land ceded in the just explained manner, this Department has exercised ownership over the same since 1869, allowing the erection of huts and sheds and enjoying undisturbedly all the rights which it secured years ago. If it has been usual to notify the Commanding Royal Engineer upon the few occasions when Mr. Ford, the Superintendent of these Public Gardens, has required to enter the ground with gangs of Coolies for the purpose of removing earth for horticultural uses or trees for planting elsewhere, such custom has been a precautionary measure purely dictated by courtesy.

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426 7 adding that he would dissect the date and the exact position of the stone to be recorded as evidence on the plans of War Department property, in the Royal Engineer's Office at Hing Kong. These matters having been satisfactorily settled and this Department having placed the stone in situ, Colonel De Butts attended officially, accompanied by an Officer of this Department, proceeded to inspect the stone and approved of its site. Its position was then duly registered in the plans of Crown Lands in this Department, and I have no doubt that in compliance with his expressed intention, its position and the date of its inspection were also recorded by Colonel De Butts on the plan determining the proposed New Road and Concession, which plan is archived in the Royal Engineer office, and acquiesced in and signed by both Civil and Military authorities and approved by the Secretary of State for War. 8 In the face of the proceedings of 1869 and of the records extant, it is therefore futile to assert whether that no cession has taken place. Colonel De Butts was or was not competent to solemnize the transfer is another matter, and one which it is not my province to enter into here. But the fact remains none the less true, that by common accord the Colonial Government entered into possession in 1867, that it received the Land from Colonel De Butts officially, not as Commanding Royal Engineer but as Commandant, or Supreme Military Officer at this station, and that its rights have never been questioned until lately. As custodian of the land ceded in the just explained manner, this Department has exercised ownership over the same since 1869, allowing the erection of huts and sheds and enjoying undisturbedly all the rights which it secured years ago. If it has been usual to notify the Commanding Royal Engineer upon the few occasions when Mr. Ford, the Superintendent of these Public Gardens, has required to enter the ground with gangs of Coolies for the purpose of removing earth for horticultural uses or trees for planting elsewhere, such custom has been a precautionary measure purely dictated by courtesy.

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426 7 adding that he would disset the date and the exact position of the stone to be recorded as evidence on the plans of War Department property. in the Royal Engineer's Office at Hing Rong. These matters having been satisfactorily settled and this Department having placed the stone in situ Colonel De Butto attended officially by ar Officer of this Department, proceeded to inspect the stone and approved of it's site. Its position then duly registired in the ANAG plans of Crown Lands in this Department, and I have no doubt that in compliance with his ex xpressed intention it's position and the date of its inspection were also recorded by Colonel De Butts on the plan determining the proposed New Rood and Concession which plan is archived in the Royal Engineer office, and acquiesced in and signed by both Civil and Military authorities and opproved by the Secretary of State for War. 8 In the face of the proceedings of 1869 and of the records extant, it is therefore futile to assert- Whether that no cession has taken place. Colonel DrBA15 Avas or was not competent my to solemnize the transfer is another matter and one which it is not province to enter into here. Wut the fact remains none the less true, that by common accord the Colonial, Government - entered into possession in 1867, that it preceived: the Land from Colonel De Butts officially not Commanding. Royal Engineer best as Commondan, or Supreme Military Officer at this station and that its rights have never been questioned until lately. as over the manne As custodian of the land ceded in the just explained this Department has exercised Ownership same since 1869, allowing the erection of huts and sheds and enjoying adisturbedly all the rights which it secured Arvon years ago . If it has been usual to notify the Commanding Royal Engineer upon the few occasions when Mr. Ford the Superintendent- of this Public Gardens has required to enter the gangs of Coolies for the purpose of earth for horticultural uses or trees for ground with Removing planting elsewhere such custom has been a precautionary measure purely dictated by courtesy:

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426

adding that he would disset the date and the exact position of the stone to be recorded as evidence on the plans of War Department property. in the Royal Engineer's Office at Hing Rong.

These matters having been satisfactorily settled and this Department having placed

the stone in situ Colonel De Butto attended officially

Officer of this Department, proceeded to inspect the stone and approved of it's site. Its position

then duly registired in the

ANAG

plans of Crown Lands in this Department, and

I have no doubt that in compliance with his

xpressed intention it's position and the date of its inspection were also recorded by Colonel De Butts on the plan determining the proposed New Rood and Concession which plan is archived in the Royal Engineer office, and acquiesced in and signed by both Civil and Military authorities and opproved by the Secretary of State for War.

In the face of the proceedings of 1869 and of the records extant, it is therefore futile to assert-

Whether

that no cession has taken place.

Colonel DrBA15

Avas

or was not competent

to solemnize the transfer is another matter and

one which it is not

province to enter into here. Wut the fact remains none the less true, that by common accord the Colonial, Government - entered into possession in 1867, that it preceived: the Land from Colonel De Butts officially not

Commanding. Royal Engineer best as Commondan, or Supreme Military Officer at this station and that its rights have never been questioned until lately.

over

the

manne

As custodian of the land ceded in the just explained this Department has exercised

Ownership same since 1869, allowing the erection of huts and sheds and enjoying adisturbedly all the rights which it secured Arvon years ago . If it has been usual to notify the Commanding Royal Engineer upon the few occasions when Mr. Ford the Superintendent- of this Public Gardens has required to enter the

gangs of Coolies for the purpose of earth for horticultural uses or trees for

ground with

Removing

planting elsewhere such custom has been a

precautionary measure purely dictated by courtesy:

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