CO129-328 - Governor Nathan - 1905 [1-6] — Page 201

CONFIDENTIAL.

MEMORANDUM

ON THE

LAND QUESTION AT HONGKONG

BETWEEN THE

WAR OFFICE AND THE COLONIAL GOVERNMENT.

PRELIMINARY REMARKS.

1. In attempting to find a solution for the land questions between the War Office and the Colonial Government of Hongkong, some of the principal points to be kept in mind are the following :-

(a.) Neither party wishes to pay any actual cash.

(b) The War Department, backed by the Treasury, is determined to insist on what it considers its rights in the Military Reserve Land at King's Park.

(e.) The Colonial Authorities desire not to have to record any value for the land to be used as the King's Park, as the Colonial public believe it to have been obtained free of cost.

(d.) Both parties, but more especially the Colonial Authorities, are anxious to end the uncertainty as to the exact status of land reserved for the War Department.

(e.) As a corollary to (a), the War Department would strongly object to having to pay compensation for disturbance to private occupiers of Colonial land which they may be taking over.

(A) As another corollary to (a), the War Department would probably not be pleased if the balance of exchanges came out against them as this would involve a cash payment, and would operate against the acquisition of further areas which will no doubt he required in the future as they have been in the past.

To the Colony an adverse balance is not of such immediate disadvantage as it can be kept as a book entry, to be hereafter satisfied with land, but they would object to its rising to a high figure.

2. The solution of the problem would be much facilitated by the recognition of the fact that War Department requirements with respect to land are of two

natures.

It may be wished to exclude the public entirely, as in the case of a battery and the land close around it ; or, it may be wished to have the limited use of certain lands, not entirely excluding the public from them, as in the case of training grounds, clearance areas for guns to fire over, rifle ranges and such like.

Land in the first category must belong entirely to the War Department and surrenders and exchanges must be governed by the Colonial Office Circulars of 1890 and 1894 on the Disposal of Colonial Military Crown Lands.

Land in the second category might be held on a nominal rental by the War Department, the Colonial Government engaging to keep it clear of buildings and any other obstructions not approved by the War Department, and the War Depart- ment having power, where the conditions require it, of improving communications, putting up rifle butts and such like, but not acquiring any vested interest in the

land.

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