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*Footnote:
1. It is true that the Colonial Office were careful to treat the
New Territories as far as possible as ceded territories rather than
as a protectorate, for instance by the use of an Order in Council
without parliamentary endorsement rather than by reliance on the
Foreign Jurisdiction Act (1890) as the means of assumption of
authority over the territories. (The latter course was used for
the leased territory of Weihaiwei).
2.
But in the view of Sir Gerald Fitzmaurice, while in practice
the territories had been treated as cessions not leases, 'the
residual sovereignty ... remains in the lessor and when the term
is up he automatically resumes full control without the necessity for
any special instrument conferring it upon him'.
(Fitzmaurice:
Position of leased territory in China during war
CO 129/564 53852).
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