2. You will therefore be in possession of the full text of the convention, and I do not think it necessary to communicate to you the preliminary correspondence that has passed on the subject between this Department and the Foreign Office.
3. The main point for consideration at this moment is the date on which posses- sion should be taken of the leased territory, and, as I have informed you in my tele- gram above referred to, it seems probable, for various reasons, that it may be to postpone occupation until after the 1st July, although this date is mentioned for the necessary coming into force of the convention. The preliminary arrangements for the administra- tion of the new territory must necessarily take some little time; and there may, more- over, be objections to the occupation of the waters of Mirs Bay until after the Govern- ment of the United States has ceased to make use of that locality for naval purposes during the war with Spain. I understand that you are making enquiries on this subject, and should it appear that no such use is being made of Mirs Bay, it might be possible to take possession of the territory at an early date. If, on the other hand, it should be found that the bay is at the present moment being utilized by the United States as a naval base, it might be desirable to postpone any action in the matter for some time longer. But in any case Her Majesty's Government are not in a position to give you definite instructions at the present moment.
4. In the meantime, however, it is necessary to take immediate steps for obtaining information as to the nature, capabilities, and requirements of the new territory, in order that the Colonial Government may be in readiness for the work of administration whenever political considerations permit of the territory being taken over. For this purpose it is desirable that an official of high standing and local experience should visit the district and make a general report upon it; and I have decided to make use of the services of Mr. Lockhart, the Colonial Secretary and Registrar-General, for the purpose in question. Mr. Lockhart will leave by an early mail, and the date of his departure will be telegraphed to you. It seems probable that about a month will be sufficient for the purposes of his enquiry, and I consider it of importance that he should return to this country before Sir H. Blake's departure in October, so that the new Governor may go out fully acquainted with the latest information on this subject and with my views upon it. I propose that Mr. Lockhart's leave shall be interrupted for the period during which he will be thus employed, that he shall be placed on full salary from the date of his departure until the date of his return; and that he should not revert to any of his duties as Colonial Secretary during this period, but should confine himself to a consideration of the steps most necessary to be taken immediately on assuming possession of the new territory. It will therefore be necessary that a sum equivalent to Mr. Lockhart's half salary should be voted for the acting Colonial Secretary.
5. I enclose for your information a copy of the instructions that have been given to Mr. Lockhart, and you will be advised by telegraph of any further developments of the situation. I may add that an assurance has been given to the Chinese Government that as soon as the territory has been handed over, the Government of Hong Kong will use their best endeavours to preclude any facilities being given for smuggling into China, and to prevent the concession being used in any other way to the detriment of Chinese interests.
6. Mr. Lockhart, as you will see, has been instructed to keep you fully informed of his movements. For all ordinary purposes he will be guided by your instructions, and you will, I am sure, render him every assistance in your power, both as regards any Government officials whom it may seem desirable to attach to his mission, and in any other respects. I may add that I am in communication with the War Office and Admiralty with a view to obtaining the co-operation of those departments.
I have, &c.,
J. CHAMBERLAIN.
5
Lordship sees no objection, it is proposed to submit for approval to the Law Officers of the Crown, providing for the incorporation in the Colony of Hong Kong of the terri- tory adjacent to the Kowloon district of that Colony, about to be acquired from the Emperor of China upon a lease for 99 years.
Mr. Chamberlain is unaware of any precedent for the annexation of territory which has been acquired on lease, but he is of opinion that it is desirable in the present instance that the territory acquired should be dealt with, so far as is legally permissible, as British territory, and not as foreign territory over which Her Majesty has acquired jurisdiction. The draft Order in Council has therefore been based upon the model of the Order in Council of February 4th, 1881* (a copy of which is transmitted herewith), which pro- vided for the annexation to Hong Kong of the district of Kowloon, in preference to basing it upon the provisions of the Foreign Jurisdiction Act, as Mr. Chamberlain is of opinion that during the period covered by the lease the new territory must be regarded as part of Her Majesty's dominions. The draft is based upon the information received in the telegram of Sir C. MacDonald of May 20th, no copy of the convention as finally signed having as yet reached this country, and it must therefore be regarded as pro- visional only, but it appears to Mr. Chamberlain that it is desirable that, so far as possible, all the procedure legally necessary for the taking over of the new territory should be determined in advance, so that when the date of the transfer is fixed there may be no delay in carrying out what is required.
I am, &c.,
(Draft.)
Enclosure in No. 6.
C. P. LUCAS.
WHEREAS by a convention dated the 9th day of June, 1898, between Her Majesty and his Imperial Majesty the Emperor of China, it is provided that the limits of British territory in the regions adjacent to the Colony of Hong Kong shall be enlarged under lease to Her Majesty in the manner described in the said convention.
And whereas it is expedient to make provision for the government of the territories acquired by Her Majesty under the said Convention, during the continuance of the said lease.
It is hereby ordered by the Queen's Most Excellent Majesty, by and with the advice of Her Majesty's Privy Council, as follows:-
I. The territories within the limits described in the said convention shall be, and the same are hereby declared to be, part and parcel of Her Majesty's Colony of Hong Kong, in like manner and for all intents and purposes as if they had originally formed part of the said Colony.
II. It shall be competent for the Governor of Hong Kong, by and with the advice and consent of the Legislative Council of the said Colony, to make laws for the peros, order, and good government of the said territories as part of the Colony.
III. From a date to be fixed by proclamation of the Governor of Hong Kong, all laws and ordinances which shall at such date be in force in the Colony of Hong Kong shall take effect in the said territories, and shall remain in force therein until the same shall have been altered or repealed by Her Majesty or by the Governor of Hong Kong, by and with the advice or consent of the Legislative Council.
And the Right Honourable Joseph Chamberlain, one of Her Majesty's Principal Secretaries of State, is to give the necessary directions herein accordingly.
13791.
No. 6.
14162.
No. 7.
MR. CHAMBERLAIN to ACTING-GOVERNOR BLACK.
SIR,
COLONIAL OFFICE to FOREIGN OFFICE.
[Answered by No. 10.]
Downing Street, June 29, 1898.
I AM directed by Mr. Secretary Chamberlain to transmit to you, for the con- sideration of the Marquess of Salisbury, the draft of an Order in Council, which, if His
(No. 165.)
SIR,
Downing Street, June 30, 1898.
You are already awaret that Mr. J. H. Stewart Lockhart, Colonial Secretary, is returning to the Colony by a steamer leaving Liverpool on the 25th instant, in order
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↑ See No. 5.
• No. 1.
PUBLIC RECORD OFFICE
Reference :-
C.O. 882
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