(1962/10)
119
lease, should be deemed to be British Subjects.
This
view was not, however, communicated to the Chinese
Government at the time, and even had it been it would
not have affected the national status of such persons
who, when within the limits of the Chinese Empire,
would, without doubt, be deemed by the Chinese Govern-
ment to be subjects of the Emperor of China, and unen-
able solely to Chinese jurisdiction.
Moreover, the mere fact of application having been
made to the Viceroy of Canton for the rendition of a
fugitive native of the new territory, though on what
ground it was based is by no means clear (in view of
the terms of the Convention of 1898) amounts to an ad-
mission of the principle above indicated, since if the
man could be deemed to be a British Subject solely and
not a Chinese Subject when in China, there would have
been no necessity to apply to the Viceroy of Canton
for his rendition at all, and he could have been
dealt with by the British Consular Court under the
provisions of the Fugitive Offenders Act which was up-
plied to British Subjects in China by Article 88 of
the