26587/S.
345
PUBLIC RECORD OFFICE
Reference :-
TTIC.O. 882
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5PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
28199/8.
(Confidential.)
SIR,
No. 251.
FOREIGN OFFICE to COLONIAL OFFICE.
(Received September 28, 1899.)
Foreign Office, September 27, 1899. I AM directed by the Marquess of Salisbury to acknowledge the receipt of your letter of the 22nd instant, forwarding a copy of a further despatch from the Governor of Hong Kong relative to the occupation of Sham Chun.
It is important, in Lord Salisbury's opinion, that Sham Chun should continue in British occupation for the present. At the same time, His Lordship quite understands the anxiety felt by Sir H. Blake for the definite settlement of the boundary, and there will be no unnecessary delay in deciding the date of its retrocession to the Chinese.
I am, &c.,
26221.
Nɔ. 252.
FRANCIS BERTIE.
LAW OFFICERS to COLONIAL OFFICE.
(Received September 28, 1899.)
SIR,
Royal Courts of Justice, September 27, 1899. We were honoured with your commands signified in Mr. Lucas's letter of the 4th instant, stating that he was directed by you to transmit to us a copy of a despatch dated the 21st July last from the Governor of Hong Kong raising the question of the national status of the inhabitants of the territory recently added to that Colony under the Convention of the 9th June, 1898, between the Governments of Great Britain and China.
That Mr. Lucas was also to enclose copies of the Convention and of the Order in Council of the 20th October, 1898, by which the territories within the limits and for the term described in the Convention were declared to be part and parcel of the Colony of Hong Kong, and also copies of the four forms of British Subject Certificate granted to persons of Chinese origin born in Hong Kong mentioned in the Memorandum by the Acting Chief Justice of the Colony enclosed in the Governor's despatch.
years
That it would be observed that the Acting Attorney-General of Hong Kong considered that as the new territory was only leased to Great Britain for a term of the inhabitants did not thereby become British Subjects.
That you desired to be favoured with our opinion (1), whether the persons inhabiting the new territory at the date of the cession who were then Chinese Subjects were to be regarded as British Subjects for all purposes as from 1st July, 1898, or as from the date when the territory was definitely taken over, viz. the 16th April last; and if not, what was their national status ?
(2.) Whether persons born in the new territory during the continuance of the lease were to be regarded as British Subjects.
We have taken the papers into our consideration and have the honour to
Report-
(1.) That the persons inhabiting the new territory who were before the cession Chinese Subjects are to be regarded as British Subjects for all purposes as from the 16th April last. Cession of territory effects a change in the nationality of the inhabitants. This territory has been ceded; it is British territory, and the fact that the cession is for a term of years only does not affect the conclusion that by the cession the inhabitants become for that term British Subjects.
(2.) Persons born in the territory during the continuance of the Lease must be regarded as British Subjects.
We have, &c.,
The Right Honourable Joseph Chamberlain, M.P.,
&c.,
&c.,
RICHARD E. WEBSTER, ROBERT B. FINLAY.
&c.
• No. 249.
↑ Not printed.
‡ No. 234.
No. 253.
GOVERNOR SIR H. A. BLAKE to MR. CHAMBERLAIN.
(Confidential.)
SIR,
(Received October 2, 1899.)
Government House, Hong Kong, August 31, 1899. WITH reference to my confidential despatch of 20th July, I have the honour to forward some further communications between Major-General Gascoigne and myself dealing with the situation in the Valley of Sam Chun, held at present in military occu- pation. Further inquiry has shown that there was a murder at Wong Kong, and the body of the murdered man was recovered from the river. Nothing has been, or can be done by us in the case. I have suggested to Major-General Gascoigne that, if evidence
is forthcoming, the Chinese Authorities might be informed that they could deal with the perpetrators of the outrage.
2. Major-General Gascoigne informs me that everyting is going on very quietly at present, and that Major Prendergast, now in command, has established friendly relations with the people, whose confidence he has gained. This is satisfactory, and nothing would now be gained by disturbing the arrangement.
3. In considering the question of the retirement from the valley, or its retention, it must not be forgotten that in the event of hostilities breaking out between Japan and Russia in the spring, which I am assured is very probable, the troops now doing duty in Sam Chun Valley will be required in Hong Kong. It is, in my opinion, most desirable that the question should be settled before then.
4. Nor can any arrangement be made by the Chinese Customs Authorities until this question is decided. They are to remove from the three stations now occupied by them at the end of October, but until the Sam Chun Valley question is settled they cannot say where their stations are to be, and there is no means of preventing smuggling, which is going on practically unchecked at present across the frontier.
I have, &c.,
HENRY A. BLAKE,
Enclosure in No. 253.
Governor.
Schedule of ENCLOSURES TO CONFIDENTIAL DESPATCH OF 31ST AUGUST.
1. Petition of Chong U Ki of Wong Kong,
2. Copy of papers concerning a murder at Wong Kong,
3. Separate minute by Major-General Gascoigne, C.M.G., on
Wong Kong.
the murder at
4. Pawnbroker at Sham Chun; papers containing a request that he may be sent to Hong Kong to give evidence in the police court. Honourable the Acting Attorney-General on the state of affairs in the Sham Chun Contains a minute (No. 15) by the Valley.
(Confidential.)
(Precis of Petition, No. 861.)
Petition by Chong U Ki of Wong-Kong.
1.
Sheweth that petitioner's father, Chong Man Kin, a Chinese B.A., has been a keeper of the peace and without an enemy.
When Admiral Ho came to try cases, he appointed him Chief of the village Council.
Petitioner's father being inflexibly upright, protected the people of good character, and used his utmost endeavours to attack robbers.
On the 31st July more than 100 robbers entered petitioner's house and pillaged, dragging his father out into the sitting room and cut him with knives without any care as to where the cuts would go.
• No. 233.
1 X