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CONFIDENTIAL
12.
13.
The Government of the People's Republic of China first made public her position on this issue in January, 1963, again
in connection with the Hong Kong Government's attempt to carry out clearance operations. They protested against these attempts also a the ground that "the City of Kowloon is China's territory and within Chinese jurisdiction and this has all along been so in history" (10)
China's position since 1963 has not been made public, nor has there been any overt Hong Kong Government action in the Walled City to provoke reaction. However, the local communist press did in 1970 condern the Hong Kong Government's attempt to remove two old cannons found in a construction site within the Walled City (11), On the other hand, when the Hong Kong Government took action in 1973 to demolish two illegal multi-storeyed buildings at the periphery of the Walled City, it was known that an NCNA (New China News Agency) representative was sent to inform the Kowloon Walled City Kaifong Welfare Promotion Committee to keep out of the matter.
Britain's Position
14.
Until the Kowloon City Order in Council of 1899 is revoked, Britis interpretation of its jurisdictional right must remain as stated in the order (12). In addition to what is essentially a ministerial declaration of jurisdiction, there is judicial opinion in the form of a Hong Kong Supreme Court case of 1959 (10) in which the C.J., Sir M. Hogan, remarked 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 a continuing nature." (14)
Conclusion
15.
Prevailing academic opinion (in the articles and papers referred to in the annexed bibliography) is that the matter of jurisdiction cannot be settled unless it is put to an international tribun:1, but that the likelihood of this happening is remote. Meanwhile, the policy of our Government towards the Walled City continues to strike a pragmatic balance between legal concept and political
CONFIDENTIAL