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New Territories of which the walled city was in the
pre-cession era the Chinese administrative centre.
Only this year there had been suggested in Nanking the
possibility of the appointment of a Chinese Magistrate
in the Leased Territories and in Macao, though this had
not been pursued. It showed clearly, however, the
direction in which Chinese thought tended, and there was
no question that the eventual rendition of Hong Kong
itself was eagerly desired.
Sir J. Pratt said that there were two
questions to be considered:
first, the rights of the
individuals concerned in the eviction, and secondly,
the Chinese claim to jurisdiction in the city of Kowloon.
He thought it was clear that the individuals had no
legal case and no grievance, but with regard to the
claim to jurisdiction he was doubtful whether we were
not legally in the wrong. The Foreign Office legal
advisers had considered it possible that if the case
were taken to the Permanent Court of International
Justice, the Chinese Government might win.
Mr. Cowell pointed out that the Chinese had
acquiesced for thirty-eight years in the essential fact
that Kowloon city had been subject to the jurisdiction
of the Hong Kong Government and he considered it
impossible after this lapse of time to admit the Chinese
claim to Chinese jurisdiction.
Sir A. Caldecott said that it would create an
enclave in which anti-Japanese and anti-British
agitation could be carried on inside the small walled
area which could not be touched if it were under the
control of a Chinese Magistrate.
There was a constant
fear