Might not this situation arise in relation to other serious offences?
Again, might there not be difficulties flowing from the fact that every Chinese British subject has a dual nationality? While he was in Kowloon, and therefore amenable to either British or Chinese jurisdiction (according to the place where he is ordinarily resident), the ordinary rule that the dominant nationality would be that of the place where he happened to be at any given time, could not operate. But perhaps the conception of amenability according to place of ordinary residence would be an adequate substitute except in cases of the kind indicated in the preceding paragraphs.
There may of course be satisfactory answers to conundrums of the kinds indicated above but if there are not then it would seem that the Chinese proposal might well have to be elaborated in order to provide a satisfactory procedure in the various possible circumstances. Moreover, although the objections of the Chiefs of Staff, as expressed in No. 237 were to the reintroduction of exclusive Chinese
jurisdiction in the walled City, it seems likely that they would view with equal distaste the introduction of a system whereby (apart from infringement of local regulations) criminal jurisdiction over persons domiciled (or ordinarily resident) in China would be conferred exclusively on Chinese courts. I wonder therefore whether, before we attempt to take this further (e.g. by referring these proposals to the Governor of Hong Kong) we ought not to have a meeting with the China Department of the Foreign Office, and with the assistance also of Legal Advisers from the Foreign Office and the Colonial Office, to consider whether there is any possible way out of these difficulties, (e.g. Mr. Beckett's suggestion in No. 238 that the Chinese might be persuaded to allow Hong Kong law to be applied in the walled City though it seems rather far fetched to expect that law to be applied in a Canton court).
•
Phone
may vary
JP.
14.5.48.
of the
reall be complications
tind mentioned a Jove,
Colability of such
such an offence
being committed in
en though
fense as the
ting
rather remote. It is however, o'rnious that
If anything is to
is to come
the
of this affroach
question of afflicability of law would have to be invened tween ourselves
drvenerad
+ The Foreign office. It is not much use Engins tuging to work out a scheme here & now.
Robbins 18/5/48