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My Ref.: RG S/93
J. K. Findlay, Esq., Solicitor General, Legal Department, Hong Kong.
SECRET
W
28th January 1985
Re: MOD Property in Hong Kong
As promised I have looked into the question of MOD property and enclose some notes on the subject (relating to the questions asked at para, 4 of the FCO's letter of the 16th November 1984 to the DPA) prepared by Mr J.B. Smith, Senior Solicitor, of my Department.
The short answers to the questions asked by the
FCO appear to be as follows ?
(1) The Memorandum of Appropriation has no significance
from the point of view of creating or affecting legal title to land. The land, and the buildings thereon, remain Crown land.
(11)
A temporary occupation permit is something less than a Memorandum of Appropriation.
(111) There are many other instruments but none of then
affect the position of the Crown es legal and beneficial owner of the land in question.
(iv)
If the present "system" is maintained the Crown, as such, would have no interest left in MOD land beyond 1997. We have suggested, however, the establishment of a land authority in which all the Crown's interest in land in Hong Kong, both leased and unleased, would be vested before 1997. Unless they were excepted from such vesting this would include all MOD properties. My understanding at present is that while the PRC will not object to our doing this they do not undertake to continue
There may, such a land authority beyond 1997.
of course, be a few properties that were acquired privately in the name of some statutory arn of HC for MOD purposes. One of these may have Leen the
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