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circumstances that other not dissimilar treaties were made in 1898 1899 with Great Britain, Germany, Russia and France in relation to other Chinese territory. They have contended that they were unable to resist the successive rival demands from the Powers who were seeking a sphere of influence on the Asiatic mainland." This may well have been an accurate description of what was taking place, the Chinese Government endeavouring so far as they could to save face by retaining at any rate some measure of token or real jurisdiction in relation to some of the territories comprised in the leases. It is not thought, however, that any other deduction can be made from the teams of these other treaties helpful for the solution of the question of whether this dispute should be taken to arbitration.
From the date when the Convention was made, there was not any great change in Kowloon City until Hong Kong was occupied by the Japanese during the Second world war. At the present time the city is virtually a ruin, the city wall having been largely demolished by the Japanese in 1942. Only two buildings remain; a school which is in a dilapidated condition and a home for aged women.
It is in relation to the then state of affairs as so described that the expression in the provision in question "Within the -City of Kowloon the Chinese officials now stationed there shall continue to exercise jurisdiction has to be construed. Attached to the Convention there was a map showing the leased territory, which includes the territory on which Kowloon City stande, no distinction in that respect being made in the marking of the map between the rest of the leased territory and Kowloon City.
It seems, having regard to the state of affairs which subsisted at the time when the words quoted were used, that it is impossible to construe them otherwise than as providing that the jurisdiction then exercised by Chinese officials should contique to remain vested in the Chinese authorities. The words quoted clearly cannot refer only to the actual individual officials then alive, and must, it is thought, be intended to describe the extent of the jurisdiction then exercised.. This jurisdiction was complete in the sense that it extended over the whole area of Kowloon City and applied to all the inhabitants, military and civilian, then in Kowloon City. It makes no difference that it was largely military in character, as it is thought that the expression "Chinese officials" must include military as well as civilian control. It is to be noted that a Chinese version of the Convention was signed, but it is presumed that the equivalent Chinese expression bears the same meaning as the English.
If Kowloon had been a great city with a large and varied populetion subject to different types of local administration, it might have been possible to construe the words in the provision as retaining for China some limited form of jurisdiction. They cannot, it is thought be so construed in the case of a very small city with a very spall population such as Kowloon City, which, at the time of the Convention was wholly under Chinese administration.
It is accordingly considered that the Convention provided that Complete Chinese jurisdiction within Kowloon Gity should remain vested in the Chinese authorities, subject, of course, to military requirements,
In May 1899 the Chinese officials vere driven out and the City of Kowloon was incorporated in the leased territory virtually for all purposes Chinese control thereafter disappearing. It is not thought that it could be validly contended on behalf of Great Britain that, by virtue of
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