CO129-551-9 Acquisition of land for Air Ministry at Kai Tak 17-2-1936 - 9-1-1937 — Page 74

74

1 in 13869/33

2 ibid

The main question at issue is whether the Air

Ministry is to be granted lands in Hong Kong for R.A. F.

purposes free of charge or on some basis analogous to

the Military Lands Account, which appears to be

imperfectly understood by the Air Ministry. The position

hitherto adopted by this Department is that the Hong Kong

Defence Contribution Ordinance of 1901, involving a

contribution of 20% of revenue, absolves the Colony from

any further obligations of this kind. The Military Lands

Account is not a method of providing land free of cost

for defence purposes, but a means of preserving intact,

in money or in land, certain properties acquired by the

War Department early in the history of Hong Kong (and

other Colonies), and to which the War Department was

acknowledged to have a prescriptive right. The Air

Ministry, never having occupied lands in this way,

cannot claim similar treatment.

2. In a semi-official letter of 29.11.33 the

Air Ministry inquired whether certain land bordering on

the Kai Tak aerodrome (situated in an area adjoining

Kowloon which would otherwise form part of extensive

town planning schemes) could be made available to them

without charge. It was argued that the Colony was under

an obligation to provide land for defence purposes, and

this contention was supported by reference to the terms

of the Colonial Military Lands Circulars. In a reply

dated 8.2.34 they were informed of the real nature of

the Military Lands Account system, and referred to the

1901 Sections of the Defence Contribution Ordinance/which relieved the Colony of any obligation in this respect

in