12.
And the effect of the cession is, it is submitted, so far as the reading Down is concerned, the same as if, by the instrument of cession, the Jurisdiction had been expressly given to the other Power, and as no foreign Power can contest the Jurisdiction, it can be exercised without question over the portion of sea instanced. It may be that the effect of the cession is only to give common, concurrent, Jurisdictions, with the granting Power, over this portion of the sea, and not exclusive Jurisdiction, but this is immaterial so long as Jurisdiction, either exclusive, or concurrent, exists in the other Power.
To apply these observations to the case of the Lye moon Passage, or Strait, an arm of the sea, forming one of the entrances into the Harbor of Hongkong; having on one side, the Island of Hongkong, and on the other, the Mainland of China; and the waters being narrow where the three miles cannot run, from the British Territory of Hongkong, without encountering the shores of the Mainland of China, or some Island of its Islands, it is only necessary to look, firstly, at the Treaty of Nanking by the third Article of which the Island of Hongkong is ceded to Her Britannic Majesty, and to be governed by such Laws and Regulations as Her Majesty shall see fit to direct, and, secondly, at the "Convention of Peace," signed at Peking on the 25th October 1860, the sixth article of which provides for the cession of a portion of Kowloon, with a view to the maintenance
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