421
"Ceding territory have been made in modern times, it has been usual to insert a clause securing liberty to inhabitants of the territory ceded to keep their nationality of origin
要闻
(Hall International Law 2nd edition p 527). There is no such clause in the Convention of 9th June, 1898. While, therefore, it is clear that Chinese Subjects who remain in the new territory are amenable to the British Law in force in that territory, it is not so clear to my mind that the taking over of the territory turns every Chinaman therein, instantly, into a British Subject for all purposes.
Some might prefer to retain their allegiance to the Emperor of China and to emigrate beyond the new territory.
As regards the application of Cheung Ting Shung I do not think his claim to enter British Columbia without payment would be admitted by that Colony.
The question is one which I think is proper to be referred to the authorities in England and I should not advise recognizing all the residents in the new territory as British Subjects, for all purposes (treating them, indeed as if born in this Colony) without instructions from the Secretary of State.
(Signed) W. Meigh Goodman, Acting Chief Justice. July, 17th, 1899.