Military authorities will subsequently, owing to an alteration of their scheme for the defence of Kowloon, consider that a large portion of the lands then included in the Military Reserve are unnecessary for the purposes of defence, and that such right of user was imperperial.
I submit that, looking to the above history of the case, they cannot establish any such right, and that their claim, therefore, falls to the ground. Let the effect of the child be safely released from all restrictions, without the defence of the Peninsula being any way endangered.
Military Authorities now contend however (Q.S.O. 1042 of 1895) that under the terms of the Secretary of State's despatch of the 30th December 1894, they are entitled to be credited by the Colonial Government with the value of the lands so released from restrictions.
I am of opinion that the above contention is not well founded. In order to establish their claim, the Military Authorities must prove that they have a right of user of the land in question.
Let us consider in the first instance the above-quoted arrangement made in June 1889, upon which the Military Authorities appear to place great reliance. That arrangement was, as I have already pointed out, not ratified by the Secretary of State or the local Executive Council, and, therefore, may be of doubtful validity, and, moreover, if modified by the subsequent resolution of Council of September 1887, must, I think, be taken to be superseded by the Secretary of State's despatch of 6th November 1891 (above referred to).
But even if we treat the arrangement of June 1887 as being in every respect valid, it is still necessary to examine whether it was subsequently modified or superseded.
litary
Reverses unless such buildings.. actually obstruct the line of fire from
such defence works.
by the l
will
Subsequently oving to an alteration
Military
authorities of
of their scheine for the defence of Kowloon, they considered
that a large portion of the lands then included in the Military
Reserve
for the purposes of defence, and that ouch
right of user
w
perperial.
I submit that, looking to the above history of the case, they cannot establish
such right,
any
and that their claine, therefore, falls to the ground.
Let
the effect of
child
be safely released from all restrichow, without the defence of the Penisula
bang
Mi
The
any way endangered.
Military
Authorities na
contend however (QS.0. 1042 of 1895) tiah under the terms of the Secretary of State's despatch of the 30th December 1894, they are entitled to be credited by mal Government with the value of the lands so released from restrictions.
the Colo-
I am of opinion that the above contention is not well founded.
In order to extablish their
» forint the Military must,
It prove that they hava right of user of the land in question
for
618
us consider in the first instance
the above
quoted arrangemout
made in Jure 1889 upon which the Mi = litary Authorities appear to place great
reliance.
be considered
That arrangement was, as shave
all already pointed out, mnratified by the Secretary of State or the local Executive
Council, and, therefore, may of doubtful validity, and, in oreover, if
modified by the subsequent resoluck of Council of September, 1887, must I think, be taken to be experseded by the 6th Novem Secretary of State's despatch of
not
ber 1891 ( above referred to).
But even if we treat the all anges
bending in
mant of June 1887 00
in every
respect
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