NOTHING TO BE WRITTEN IN THIS MARGIN.
27.
Nevertheless, it will be seen from paras.
3 to 10 of Paper A that the Chinese Government,
although willing to lease additional territory
in Kowloon promontory, at first resisted the
inclusion of Kowloon City in the lease, on the
ground that it was a matter of dignity to them
not to withdraw their permanent officials.. No
other reason was given by the Chinese Government
rre
for their objection other than that of "saving
face".
It is clear, therefore, that the clause
was a concession made by the British Government
in order to obtain Chinese assent to the trans-
J-
action as a whole. The reason behind the pro-
vision was national pride, and it was a bargain
struck between H.M.G. and the Chinese whereby in
order not to hold up the Convention it was
agreed, subject always to arrangements, for the
military defence of Hong Kong, that the Chinese
officials might remain. It is suggested that
the provision should be read in the light of
the conditions then prevailing and of the over-
riding purpose of the Convention, namely the military requirements for the defence of Hong
Kong.
28.
However, according to the facts set out above, it is submitted that there were then no Chinese officials in Kowloon exercising full civil jurisdiction over the City. The civil magistrate had no jurisdiction in relation to the City and therefore could not be covered by the words used in the Convention.
The only
Chinese officials who could be restored would be the military officials whose jurisdiction was a limited one at the time of the Convention.
Therefore, /