TNAG-1400-FCO40-1872-Future-of-Hong-Kong-Ministry-of-Defence-(MOD)-property-1985 — Page 62

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(m) and (n) Assignment and Private Tenancies The legal interests under

assignments and private tenancies would depend on whether or not the

relevant Crown Lease or Conditions were covered by the Annex to the

Declaration. In the circumstances each relevant Crown Lease/set of

conditions would need to be considered individually to ascertain which

paragraphs of the Annex were applicable.

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(o) General The military holdings referred to under this head require to be

looked at individually. In the case of areas covered by Ordinance it would appear from a cursory look at the Ordinance concerned that no title is^ conferred in respect of any firing areas under the Defence (Firing) Areas Ord. Similarly the Emergency (Requisition) Regulations do not confer any title to land but merely authorise a competent authority to use the land concerned. For the purposes of these Regulations the British

Garrison is not listed as a competent authority.

B/ "If so, would it be sensible to change the system, e.g. by vesting the title

to all the land in question in the proposed new land authority

....

and then ensuring that the Crown will retain no legal interest in that land, e.g. by lease or licence from the land authority, going beyond 30th June 1997? If not, what are your recommendations?"

(i) Pursuant to the views expressed above, that the Crown itself will not

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retain any legal interest in any land after 30.6.1997 this part of ques- tion 4 has also been dealt with on the basis that reference was intended

to be to the retention of a legal interest in land beyond 30.6.1997

by some legal entity on behalf of the Crown.

(if) As demonstrated in the reply to Question 3 the present documentation of

Military Lands is confusing to say the least. The position has been allowed to deteriorate further by the failure to settle an agreed form of MOA. It would seem to be essential that the holding of Military Lands should be regularised prior to 1.7.1997.

(iii) If all Military Lands were held under the provisions of an MOA

then in my view such lands would automatically pass to the PRC on 1.7.1997. If Military Lands were leased after the entry into force of the Declaration the new lease/s could be for periods expiring not later 30.6.2047. Such lands may however be considered to fall within the 50 hectares limit stipulated in para 4 of the Annex unless the limit is increased by the Land Commission under para 7 of the Annex. (iv) Any recommendationscan only be made after taking into account the political considerations. Suffice it to say that the system must be regularised but not necessarily by vesting in a new land authority.