2
W k
!......
WHAT IS THE STATUS OF KOWLOON WALLED CITY?
2.
The Convention of Peking 1898 stated that "within
the City of Kowloon the Chinese officials now stationed .
there shall continue to exercise jurisdiction except so far as may be inconsistent with the military requirements
of the defence of Hong Kong". The difficulty arises
from interpretation of this provision. Because of
military requirements the British Government assumed
control over the Walled City by Order in Council in 1899.
On the other hand successive Chinese Governments have
maintained that it gave them residual rights in the
Walled City area.
[If absolutely necessary] The Hong Kong Supreme
Court held in 1959 that Chinese jurisdiction was merely
the jurisdiction appertaining to those officials stationed
within the City at the time and the use of the word 'now'
seems to contemplate the authority appertaining to an
individual rather than to an office of continuing nature'.
But this interpretation does not solve the practical
difficulty.
・
1.