TNAG-1400-FCO40-1872-Future-of-Hong-Kong-Ministry-of-Defence-(MOD)-property-1985 — Page 58

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The contents of the letter however appear to vary considerably from

case to case as demonstrated by the examples referred to below. The

letters have in the past been issued prior to the preparation of a

MOA but more recently seem to have been issued in the absence of any other appropriate form of documentation (the MOA being under review). (Note Not to be confused with the form of No-objection Letter employed

for the purposes of effecting a modification in the case of a single

unit, where a lot held under Conditions has fallen into multi-ownership

and it is impractical to modify the Conditions by the usual Modification

Letter which requires execution by all the owners. A No-objection Letter only requires the acceptance of the unit owner.)

Examples marked 'j1' and 'J2 attached in respect of site at Castle Peak

1 J

and Shek Un Shan.

(1) Encroachment Concurrence

Despite being entitled an 'Encroachment

Concurrence" in the case of MDL No. 13 this document takes the form of a No-objection letter as described in para (k) above.

Example marked 'K' attached in respect of MDL No. 13.

(m) Assignments A number of military premises are held by way of assignment

and although these have not been individually checked, it would appear that they have been purchased privately and would therefore be subject to the relevant lease conditions or Conditions of Grant etc. Details of which

can be ascertained if required.

(n) Private Tenancies Land held directly from private individuals. Again, these have not been individually checked but the premises would be subject to the conditions contained in each separate agreement. Details of individual tenancies should be obtained, if

required, from MOD.

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(o) General Below are listed other means by which military land holdings

are held. I have not researched individually each case as the terms and conditions vary from case to case but details can be obtained if

required:-

(i) Land with no proper documentation it is understood that a

number of sites have been occupied by the military following

In the case of a mere exchange of correspondence with the HKG. MOD No. 1 (H.M.S. Tamar) although the construction of the facilities

authorised by the "Naval and Military Works Ordinance", (See copy marked 'L' attached) no formal documentation was ever completed.

was

/The

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