CO129-324 - Governor Nathan - 1904 [10-12] — Page 137

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

July, 18497

wo 20135

"may interfere with the defences"

3.

136

On the 12th July, 1887, the General Officer Commanding put forward the request of Colonel Storer, dated the previous day, of which a copy is enclosed, that the ground tinted yellow on a plan 'A' of which a copy has been furnished to your Department by the War Office, should "be treated as a Military Reserve and that no portion of it should be alienated or disposed of on lease without the consent of the Military Authorities". This was agreed to by the Colonial Government in the Acting Colonial Secretary's letter of the 26th July, 1887, of which a copy was enclosed in the War Office letter to the Colonial Office, Hongkong 8/173, of the 13th June last.

4.

This agreement is held by the Army Council, according to that letter, to deprive the Colony of the value of the land except for agricultural purposes and, not only that, but also to transfer building rights, i.e. the excess of the building over the agricultural value to the War Department. I am very doubtful whether this is the legal effect of the engagement not to alienate or dispose of land without the consent of the Military Authorities*. The opinion of various Law Officers to this Government has certainly always been against the contention.

5.

The case of the Sywan Reserve which is now wanted for actual Military purposes is one in which the Colony would certainly be disposed to treat the War Department with liberality, but to accept the principle laid down by the Army Council in this case involves its acceptance in the

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Enclosure July, 18497 wo 20135 "may interfere with the defences" 3. 136 On the 12th July, 1887, the General Officer Commanding put forward the request of Colonel Storer, dated the previous day, of which a copy is enclosed, that the ground tinted yellow on a plan 'A' of which a copy has been furnished to your Department by the War Office, should "be treated as a Military Reserve and that no portion of it should be alienated or disposed of on lease without the consent of the Military Authorities". This was agreed to by the Colonial Government in the Acting Colonial Secretary's letter of the 26th July, 1887, of which a copy was enclosed in the War Office letter to the Colonial Office, Hongkong 8/173, of the 13th June last. 4. This agreement is held by the Army Council, according to that letter, to deprive the Colony of the value of the land except for agricultural purposes and, not only that, but also to transfer building rights, i.e. the excess of the building over the agricultural value to the War Department. I am very doubtful whether this is the legal effect of the engagement not to alienate or dispose of land without the consent of the Military Authorities*. The opinion of various Law Officers to this Government has certainly always been against the contention. 5. The case of the Sywan Reserve which is now wanted for actual Military purposes is one in which the Colony would certainly be disposed to treat the War Department with liberality, but to accept the principle laid down by the Army Council in this case involves its acceptance in the
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0 Enclosure July, 18497 wo 20135 may interfere with the defences" 3. 136 On the 12th. July, 1887, the General Of- ficer Commanding put forward the request of Colonel Storer, .dated the previous day, of which a copy is enclosed, that the ground tinted yellow on a plan 'A' of which a copy has been furnished to your Department by the War Office, should "be treated as a Military Reserve and that no portion of it should he alienated or disposed of on lease without the consent of the Military Authorities". This was agreed to by the Colonial Government in the Acting Colonial Secretary's letter of the 26th. July, 1887, of which a copy was enclosed in the War Office letter to the Colonial Office, Hongkong 8/173,of the 13th. June last. 4. This agreement is held by the Army Council, according to that letter, to deprive the Colony of the value of the land except for agricultural purposesand, not only that, but also to transfer building rights, i.e. the excess of the building over the agricultural value to the War Department. I am very doubtful whether this is the legal effect of the engagement not to alienate or dispose of land without the consent of the Military Authorities*. The opinion of various Law Officers to this Government has certainly always been against the contention. 5. The case of the Sywan Reserve which is now wanted for actual Military purposes is one in which the Colony would certainly be disposed to treat the War Depart- ment with liberality, but to accept the principle laid down by the Army Council in this case involves its acceptance in the
2026-06-01 21:01:38 · Baseline
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0

Enclosure

July, 18497

wo 20135

may interfere with the defences"

3.

136

On the 12th. July, 1887, the General Of-

ficer Commanding put forward the request of Colonel Storer,

.dated the previous day, of which a copy is enclosed, that the

ground tinted yellow on a plan 'A' of which a copy has been

furnished to your Department by the War Office, should "be

treated as a Military Reserve and that no portion of it should

he alienated or disposed of on lease without the consent of

the Military Authorities". This was agreed to by the Colonial

Government in the Acting Colonial Secretary's letter of the

26th. July, 1887, of which a copy was enclosed in the War

Office letter to the Colonial Office, Hongkong 8/173,of the

13th. June last.

4.

This agreement is held by the Army Council,

according to that letter, to deprive the Colony of the value

of the land except for agricultural purposesand, not only that,

but also to transfer building rights, i.e. the excess of the

building over the agricultural value to the War Department. I

am very doubtful whether this is the legal effect of the

engagement not to alienate or dispose of land without the

consent of the Military Authorities*. The opinion of various

Law Officers to this Government has certainly always been

against the contention.

5.

The case of the Sywan Reserve which is

now wanted for actual Military purposes is one in which the

Colony would certainly be disposed to treat the War Depart-

ment with liberality, but to accept the principle laid down

by the Army Council in this case involves its acceptance in

the

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