PUBLIC RECORD OFFICE
Reference :--
MC.O. 882
5 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- | COPYRIGHT PHOTOGRAPH—NOT TO |
30
in the Colony of Hong Kong of the territory leased from the Chinese Government under the Convention of the 9th of June last.
"
I am directed by his Lordship to state, for the information of Mr. Secretary Cham berlain, that in view of the express stipulation contained in the Convention," 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 HongKong," the omission of all allusion to this stipulation in the Order in Council, in the manner suggested in your letter, could not, in his opinion, be regarded as s proper performance of the Treaty obligations of this country; and his Lordship nust therefore adhere to the opinion expressed in Mr. Bertie's letter of the 4th July* that some reference to the reservation in question should be made in the Order.
As regards the further suggestion, that it might be sufficient to pass a Colonial Ordinance maintaining Chinese Courts for the trial of Chinese subjects according to the law of China, but on the understanding that no torture should be inflicted, and that sentences of imprisonment should be carried out in the Colonial prisons, Lord Salisbury considers that it would be much better not to assume any responsibility with regard to Chinese judicial methods in Kowloon City. In the event of their ever being of such a barbarous character as to constitute a scandal, the matter might be dealt with when the occasion arises. If the Hong Kong Authorities now proceed in an attempt to regulate Chinese justice by Colonial Ordinance, they must make themselves to some extent at least responsible for it, which could hardly fail to prove a source of grave embarrassment. For these reasons, Lord Salisbury, while giving due weight to the considerations advanced in your letter under reply, is of opinion that it would be better to insert in the Order in Council some quotation from the Convention, or mention of the reservation in regard to Kowloon City, so as to make clear the intention of Her Majesty's Government to fulfil their Treaty obligations in this respect.
21715.
SIR,
No. 32.
I am, &c.,
T. H. SANDERSON.
FOREIGN OFFICE to COLONIAL OFFICE.
(Received September 27, 1898.)
Foreign Office, September 26, 1898. I AM directed by the Marquess of Salisbury to acknowledge the receipt of your letter of the 26th ultimo (No. 18928/98),† transmitting a copy of certain regulations drawn up by the Viceroy of Canton, and submitted by him to the Acting-Governor of Hong Kong, in connection with the administration of the territory newly leased from China.
Lord Salisbury agrees with Mr. Chamberlain that it would be well to wait and ascertain the views of Mr. Lockhart on the subject before coming to any decision in the
matter.
In the meantime, and pending the arrival of Mr. Lockhart, His Lordship desires to offer the following observations for Mr. Chamberlain's consideration.
The regulations in question are in great part a recapitulation of the provisions of the Convention of June 9th, and as such are quite superfluous. But they appear, also,. to be an attempt on the part of the Viceroy to supplement the terms of the Convention by assuming to treat the leased territory as if it were a
at a Chinese treaty port, to deal with questions of piracy, to provide for the payment of land tax to the Chinese authorities, and to stipulate for the fixing of rents.
'settlement
"
Lord Salisbury considers that none of these pretensions are admissible, and that no Chinese regulations are required in the new extension. All that it is necessary for the Viceroy to do is to appoint officials to make the necessary surveys for fixing the exact boundaries in conjunction with British officials deputed for the same purpose in conformity with the terms of the Convention.
A further matter, viz., the protection of the Chinese Customs revenue, is also dealt with.
↑ No. 22.
• No. 10.
31
There is no stipulation on the subject in the Convention, but Her Majesty's Minister st Pekin was authorized, after communication with your department, and previous to the inclusion of Mirs Bay in the lease, to promise the energetic enforcement by the Colonial authorities of existing arrangements for the prevention of smuggling.
Lord Salisbury is of opinion that this is a matter for arrangement between the Chinese Imperial Maritime Customs Service and the Government of Hong Kong, and that the good offices of Her Majesty's Legation at Pekin might be employed with a view to arriving at a speedy and satisfactory agreement.
21714.
SIR,
No. 33.
am, &c.,
T. H. SANDERSON.
COLONIAL OFFICE to FOREIGN OFFICE.
[Answered by No. 37.]
Downing Street, October 1, 1898.
I AM directed by the Secretary of State for the Colonies to acknowledge the receipt of your letter of the 26th ultimo in reference to the Draft Order in Council for the incor- poration in the Colony of Hong Kong of the territory recently leased from the Chinese Government.
2. In view of the opinion of the Marquess of Salisbury embodied in this letter, the Secretary of State has caused an additional clause to be drafted to the following
effect :-
"IV. Notwithstanding anything herein contained, the Chinese officials now stationed "within the City of Kowloon shall continue to exercise jurisdiction therein, except in so "far as may be inconsistent with the military requirements for the defence of Hong "Kong."
This clause it is proposed to add to the Order in Council; and I am to request to be informed at as early a date as possible whether the proposed addition meets with his Lordship's approval.
22163.
SIR,
(No. 247.)
No. 34.
I am, &c.,
C. P. LUCAS.
ACTING-GOVERNOR BLACK to MR. CHAMBERLAIN.
(Received October 3, 1898.)
Government House, Hong Kong, September 2, 1898. WITH reference to that part of the Convention of 9th June last which deals with the proposed northern boundary of the territory about to be leased near Hong Kong, I have the honour to forward an extract from a report furnished by Mr. Ormsby, Director of Public Works, suggesting that the boundary line between Chinese and British territory should be drawn in accordance with the features of the ground and with the grouping of villages, instead of by a mere straight artificial line between Starling Inlet and Deep Bay.
2. I enclose a tracing to illustrate this suggestion.
3. I refer to this matter now so as to place you in possession of the facts before the meeting of the Boundary Commission.
4. I am sending to the British Minister at Peking a copy of the whole of
• No. 31.
↑ Not reproduced.