CHINA
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On 23rd May, replying to a despatch from the Yamen requesting the with- drawal of British troops from Sham Chun and Kowloon City, Mr. Bax-Ironside wrote:-
In view of the instructions I have received from Her Majesty's Govern- ment, I do not feel justified in telegraphing to Her Majesty's Secretary of State in the sense desire by the Yamen.'
On 1st October a despatch was received from the Yamen by this legation, asking that a telegram might be sent to the Foreign Office requesting the restora- tion of Sham Chun and permission to Chinese officials to resume jurisdiction in Kowloon City.
On 6th November a reply was sent by the legation to the Yamen, giving Her Majesty's Government's reasons, as above alluded to, for not permitting the resumption of Chinese jurisdiction in Kowloon City.
On 15th November the Tsung-li Yamen replied, and a telegram was sent by this legation to the Foreign Office on 16th November, to which no answer has been returned.
I have already communicated to Her Majesty's Government, by post, the arguments which the Tsung-li Yamen now request me to telegraph, and I do not feel justified in again telegraphing on the subject.
(Signed)
I avail, &c.
CLAUDE M. MACDONALD.
F 5490/2398/10/1933
PAPER E
No. 2
Chinese Inspector-General for Foreign Affairs to His Majesty's Consul-General, Canton Sir.
28th June, 1933.
With reference to the orders of Hong Kong Government requiring the removal of all residents from Kowloon City, I have the honour to inform you of an appeal made to me by representatives of these residents. These people stated they had been inhabitants of Kowloon for generations without trouble. In the reign of Kwang Hau of the late Ching dynasty, Kowloon was leased to Great Britain, but it was stipulated then that only areas outside the city were leased, the city itself being retained under Chinese control, and the inhabitants continuing to attend to their pursuits as usual. Lately, however, the District Officer (?) for the Southern District of the Hong Kong Government issued orders requiring all these inhabi- tants to move their houses to enable the laying out of a public park. They accordingly appealed for negotiations to be conducted for the protection of their interests.
I have, accordingly, transmitted their application to the Ministry for Foreign Affairs from which I am now in receipt of a reply ordering me to conduct investi- gations and to take up negotiations in accordance with treaty provisions. I have also received a communication from the Kwangtung Provincial Government in- forming me of a similar appeal from the Kowloon City residents. The provincial Government, besides ordering the magistrate of Po-On to conduct investigations, has also requested me to take up the necessary negotiations.
I have the honour to refer to the Sino-British Treaty concluded on 21st day of the 4th Moon, 24th Year of Kwang Hau (9th June, 1898) for the expansion of the Hong Kong Territories, one article of which states:-
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It is, at the same time, agreed that within the city of Kowloon the Chinese officials now stationed there shall continue to exercise jurisdiction except so far as may be inconsistent with the military requirements for the defence of Hong Kong. Within the remainder of the newly-leased territory Great Britain shall have sole jurisdiction."
As Chinese officials may continue their duties in Kowloon City, it is quite plain that though the extended territory was being leased to Great Britain, Kowloon City was to be under the control of Chinese. The further provision in the article that the rest of the territory would be controlled by Britain further confirms the fact that it was the intention at the conclusion of the treaty that Kowloon City was not to be controlled by Britain.
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