CO129-402 - Governor Sir May - 1913 [7-8] — Page 434

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No. 24.

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With reference to correspondence ending with the Colonial Secretary's letter of the 29th. of April addressed to the Chief Engineer, South China Command, and particularly to Sir F. Lugard's letter of the 16th. of September, 1911, I have the honour to refer you to my letter of the 9th. of December, 1907, and to Colonel Darling's reply of the 13th. December in the same year. In the latter letter the view is accepted that no part of the land taken up for Mount Davis Battery should be regarded as a Military Reserve.

2. It is the fact that in Sir F. Lugard's letter of the 16th. of September, 1911, it was indicated that the whole area over which the Military Authorities wish to have clearance rights re- -cognised in connection with this battery, would be brought under the designation of "Military Reserves". But I regret that I do not share Sir F. Luagard's view. Ky view is expressed in the letter of the 9th. December, 1907. It is confirmed by the procedure followed in the purchase outright by the War Department of the whole of the land required for and around Pinewood Battery. I submit that except in the particular cases provided for in the Lewis Agreement in order to settle outstanding questions Military reserves cannot exist

3. I recognise however that in certain cases like that of the Mount Davis Battery clearance rights over a defined area may be necessary and if my views as to the abolition of future Military Reserves is acepted I am quite willing to recommend to the Secretary of State that in such cases the Colonial Government will undertake to insert in the Conditions of any land leased for building purposef that neither the Colonial Government nor the Military Authorities shall be responsible for payment of compensation in the event of such buildings being injured by gun fire in the event of actual

hostilities.