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and the Emperor of China as sovereign, and though he might complain of the infraction, if infraction there was, of its provisions, her subjects cannot".
32.
As to (a) above, the Crown Lands Resumption Ordinance
1900 made no distinction between land in the New Territories and
land elsewhere within the Colony. This is (probably) because
of the Order in Council dated 20th October 1898 which provided
as follows:
1.
The territories within the limits and for the
2.
terms described in the said Convention [of
June 9, 1898] shall be and the same are
hereby declared to be part and parcel of
Her Majesty's Colony of Hong Kong in like
manner and for all intents and purposes as
if they had originally formed part of the
said Colony.
It shall be competent for the Governor of
Hong Kong, by and with the advice and consent
of the Legislative Council of the said Colony,
to make laws for the peace, order and good
government of the said territories as part
of the said Colony.
33.
It can arguably be said that the competence of the
Governor to make laws for the peace order and good government
of the territories is limited by such considerations as whether
those laws conflict with any treaty obligation of the Crown.
This is reinforced when one considers the terms of Article
XXVI 6 of the Royal Instructions.