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The Ministers were naturally not disposed to give way without opposition, and they met my demands by sundry counter-proposals, such as that Great Britain should have full liberty to erect fortifications on the Kowloon mainland, and station troops at any points she pleased with full freedom of movement. I answered by demonstrating the inconveniences of such an arrangement, and the only point on which I agreed to con- sider the possibility of some arrangement was the retention of Chinese jurisdiction in the city of Kowloon. On this I shall make some remarks later on.
It took more than one discussion to secure the consent of the Yamên to the lease of so great an area as that shown in the chart, and when they had accepted it, the discussion of details began and supplied material for several more interviews. Instead of describing these in detail it will, I think, be more convenient to make observations on the various points included in the inclosed draft Convention, taking them in order as they appear in it
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1. The Preamble was accepted without objection as an adequate basis.
2. The question of the nature of our title to the extension of territory was more troublesome. I tried to obtain an absolute cession, but could not resist the force of the argument that all other nations who have obtained leases of territory would follow suit, which might be inconvenient for ourselves. The principle of a lease having been admitted a term of ninety-nine years seemed sufficient.
3. The only part of the new boundary needing survey is the line connecting Mirs Bay with Deep Bay.
4. The retention of Chinese jurisdiction within Kowloon city was the point on which the Yamen showed the greatest determination, and the concession made to them went far to reconcile them to the general demand. Apart from the fact that there were Japanese, German, and Russian precedents for such an arrangemont, the Ministers, ef whom two of those chiefly concerned in the negotiations were Cantonese, showed con- siderable auxiety as to the effect on public opinion in the Canton Province of any sudden and conspicuous change in existing conditions. If the administration of law in Kowloon eity were transferred to the Hong Kong Government, the latter would, of course, be obliged to inforce a number of rules to which the population are at present not liable, and I think it probable that the Yamên was right in anticipating that this would lead to trouble.
It is not to be supposed that the city of Kowloon will long remain outside British jurisdiction with the surrounding district subject to it, but I think that no harm can result from allowing it to do so for a few years longer, and that little inconvenience will be caused by it, especially as the authority of the Chinese officials will be exercised subject to the stipulation that it does not interfere with military requirements. I should recommend that every effort be made by the Hong Kong authorities to work smoothly with these officials--at all events at first-and to induce them to cordially co-operate in all matters where their assistance is needed. I do not, as I have already said, expect the Chinese jurisdiction in the city to be of long continuance, but I should be sorry, for the sake of general British interests in China, if, after the Chinese have met our wishes in so friendly a spirit, we were at once to set to work to obtain a further cou- cession.
5. The provision for free use of the road from Kowloon city to the mainland was inserted at the Yamên's request, though I told them that the movements of Chinese officials were in no way restricted in British Colonies.
6. The reservation of the existing landing place near the city was a point on which they laid much stress. I accepted it with reluctance, and it may possibly prove incon- venient, but it was necessary to make some concession in order to obtain our main demand without great friction and under pressure of threats. I hope that in view of this consideration the inconvenience, if any, will be tolerated as long as possible.
7. The railway clause was introduced at a late stage in the negotiations. The Ministers said that the Chinese Government contemplated building a line from Canton to Kowloon city, and they asked for a promise that this should be allowed, on the ground that the line would not pay it it stopped some miles short of Kowloon. I said that very possibly we should build a line from Kowloon to the frontier which might meet the Chinese line, but in any case it was impossible to allow a line under Chinese control to run through territory under British jurisdiction. The Ministers then altered their draft clause to the form in which it now stands.
It is so vague as to be almost grotesque, and I thought of making it clearer by stating that the arrangements to be considered were for the extension to Kowloon, but on reflection the vagueness seemed not without advantage. It may be that the Chinese Government will build the suggested line out of their own funds, but if they try to get a
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foreign Syndicate to undertake it the vagueness of this clause will have a deterrent influence, whereas an English Syndicate could make an arrangement with the Colonial authorities.
& and 9. The clauses providing against expulsion or expropriation of the inhabitants, and for dealing with extradition cases need no comment.
10. The last clause, regarding the use of Mirs and Deep Bays by Chinese men-of- war, is one for which I am still awaiting your Lordship's sanction.
As explained by telegraph the concession was necessary to make the Yamên agree to the lease to us of the whole waters of those hays. I had, as already explained, placed the whole territorial demand before them in a map several weeks before, and they were naturally reluctant to make at the eleventh hour the additional concessions laid down in your Lordship's telegram No. 183 of the 20th May. Moreover, they had been counting on Mirs Bay as a harbour for their southern squadron when it comes into existence.
I explained to them the withdrawal of our Western frontier somewhat to the east- ward as induced by our desire to give no foreign Power a pretext for interference with Treaty ports or the approaches thereto. They seemed to appreciate this, though at first inclined to suspect our magnanimity to be intended to induce them to give far more on the east side.
The American squadron in these waters made Mirs Bay their base after the declaration of war necessitated their leaving Hong Kong. I do not know whether they still use that base, but, if so, the coming into force of this Couvention on the 1st July may, as I have suggested to your Lordship by telegram, be inconvenient.
I have also ventured to recommend that before the Convention is signed a pledge should be given by the Hong Kong Government that they will take proper measures for the policing of Mirs Bay, and the other territory placed under their control, and for the prevention of smuggling.
No definite agreement has been made on the point with the Chinese Government, but it was understood that such measures should be taken.
Previous to the inclusion of Mirs Bay in the lease I was authorized by the Colonial Office, through your Lordship, to promise an energetic enforcement of existing arrange- ments, and with that inclusion the necessity for the assistance of the Colonial authorities in preventing smuggling becomes much greater. Protection of the revenue of China is not primarily the duty of the Colonial Government, but that duty is morally imposed on them by the circumstances under which they obtain an increase of territory, for our demand was based on, and justified solely by the necessity of providing for the better protection of Hong Kong,
I do not mean to suggest that the Hong Kong Government would be slow to do whatever can be rightly expected from them, but I think that by pledging themselves before the extension of territory is actually assured they may find it more easy to reconcile the local public to measures otherwise perhaps distasteful.
I have, &c. (Signed)
Inclosure in No. 1.
CLAUDE M. MACDONALD.
Draft Convention for the extension of Hong Kong.
WHEREAS it has for many years past been recognized that an extension of Hong Kong territory is necessary for the proper defence and protection of the Colony, it has now been agreed between the Governments of Great Britain and China that the limits of British territory shall be enlarged, under lease, to the extent indicated generally on the annexed map.*
The exact boundaries shall be hereafter fixed when proper surveys have been made by officials appointed by the two Governments. The term of this lease shall be ninety-nine years.
It is at the same time agreed 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 for the defence of Hong Kong. Within the remainder of the newly leased territory Great Britain shall have sole jurisdiction.
Chinese officials and people shall be allowed as heretofore to use the road from Kowloon to Hsin-an.
It is further agreed that the existing landing-place near Kowloon city shall be reserved for the convenience of movement of the officials and people within the city.
• Not printed.
BC Hel
Chinese men of war, merchant and passenger
come and go and lie there at their pleasure. the Coninience of
which
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and for