in the loaded arous le shePUG. It is pot thơu ht that any of these thor deaus elford any asoistance in the interpretation of the Hinse lusae in the present case.
It is eo.olwed that theoretical discussion does not carry catter vory far, but that in an interactional legao the? is an actual trana.or of jurisdictional right such as a Coverment exercisas over ita omn territory. It is submitted that the prestaption is that all much rights are trs...afurned to the lessee Coverrakt for the duration of the lease subject only to such reservations as may be me in the instrument granting the loses.
26. In the prouent oase, the general preawotion is rei forged by the ata tan it in pomgraph z of tion of 1898, namely that:-
›ithin the rusainer of the newly-looood territory Orest Britain shall be ve sole jurisdiction.
ha reservation mue rola tam to the Jity of cowloos, but
use of the word aole in the santaneo, quo tod suggests that the parties to the Convention contemplated that the jurisdiction over Rosloon would at least be ahu ped.
27.
**
ihilese ease therfore seems to rest on the interpretation of the words in the first sentence of paragraph of the fo.Vontion, Camely that within the City of zo:loon the inuse vificiala now stationed there shall continue to exercise jurisdiction sxeept so far as may be 1oonsistent with the military requirements for the dorence of long song`. The biose contention do that these words import a complete reservation of jurisuietion to Chinese officials subj.at only to the military require- musts for the cofele, of Tong ROPE
In their favour it zay be sal... that the gorde to sxercise juriæ.iction are not expressly qualified in any way and therefore the Jurisdiation reserved is full jurisdictio... On the other heno, the le gwige wood la ratfor 8 ¿priate if that w9ES AN the real inte kiose It would have been much easier to sxpress the 1. onor a complete rasvotion of jurisdiction to ühine in so many words. Against the Chinese contention
the
continue
it may be argued that the raferunge to officials now stationed there coupled with the word
implism that it was only the jurisdiction which it the time of the convention was exercised by Chinese officials that should thereafter be exercised by the78,
28. Bevertheless, it will be seen from paragraphs 3 to 10 of Paper A that the Chinuse Covurmmant, although willing to luace acditional territory in owloon promontory at first resisted the inelusion of Kowloon City in the luese, on the ground that it was a matter of dignity to them not to withdraw their permanent officials. No other russon was given by the Chiasse Government for their objection other tan that of anving face. It in elsar,
siore, that the clauNG a concussion mice by the
1
lah Coverment in order to obtain Chisse assent to cra acation se a whole. The Chinese vore actus tod by national prize, and, in order to avoid holding up the
/Convention
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