CO129-402 - Governor Sir May - 1913 [7-8] — Page 436

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Enclosure 2.

Proposal for Agreement with the Colonial Covernment

425

Land in which War Department is interested, other than that over which it actually has or requires rights of perpetual user, falls into 3 categories.

(1). Areas which it is required to keep free from cover and obstruction to view or fire.

(2). Areas affected by blast, concussion &c., of gun-fire. (3). Areas from which it is required to exclude unauthorised

persons.

Taking as a basis of agreement that all areas in which War Department are so interested be treated generally as the land in the Kowloon Hills which forms the subject of C.S. Letter No. 7184/1905 of 11th. July, 1913, Hab. No. D/2324/9 i.e. that none of it be alienated without previous reference to War Office we have the following special points to note in each category.

(1). Upon notification that the Colonial Government propose to alienate any such lend the War Department must state the conditions in which it consents to the land being sold i.e. that no buildings above a certain height are to be erected &c., as the case may be. Should the fulfilment of these conditions entail financial loss to the Colony the War Department must, if necessary, acquire the land.

(2). In his letter of 3rd. September, 1912, No. 5119/1911, H. E. agrees that the Colonial Government shall bear any loss due to depreciation in value of land owing to stipulation that neither Colonial Government nor War Department will accept responsibility for damage due to gun-fire during actual hostilities. This stipulation should be enlarged to all damage whatsoever due to gun-fire in war time and peace time otherwise H. E's. proposal is satisfactory.

(3). This way be treated generally as (1), but whilst the land is not required for any other purpose there can be no serious objection to the Colonial Government agreeing to the exclusion of the unauthorised public, if necessary on the payment of a nominal