Enclosure 3.
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Minute by the Acting Attorney General.
COPY.
Honourable Colonial Secretary.
In the case of a cession of territory the population of such territory is subjected (unless otherwise stipulated by treaty) to the sovereignty of the state by which such territory is acquired (see Hall on International Law 2nd Edition page 527).
In the present case however the new territory has not been ceded to us but has only been leased to us for ninety-nine years, and I am, therefore, of opinion that Cheung Ting Shung cannot be regarded as a British subject.
In view, however, of the great importance of this question, and of the doubt of direct legal authority upon this subject, I would suggest that it would be proper to request the Secretary of State to take the opinion of the English Law Officers of the Crown upon this question of nationality.
It is most desirable that such a question should be definitely settled by high authority, as it may become of considerable moment in the administration of justice and in other matters.
(Signed) H. E. Pollock, Acting Attorney General.
8/7/99.