33225.

SIR,

No. 242.

(HoNG RoNo.)

LAW OFFICERS to COLONIAL OFFICE.

f

Royal Courts of Justice,

29th November, 1899.

WE were honoured with your commands signified in Mr. Bertram Cox's letter of the 10th instant, stating that, with reference to our letter of the 17th October, 1898," reporting upon the Draft Order in Council for the annexation to the Colony of Hong Kong of certain territories leased to Her Majesty by the Emperor of China, he was directed by you to inform us that circumstances had arisen which had rendered necessary a certain modification of this Order in Council, and which were briefly as follows:--

That the Proclamation bringing into operation the provisions of the Order in Council, which was dated 20th October, 1898, was duly published on the 16th April last, and that the newly leased territory accordingly became from that moment an integral portion of the Colony of Hong Kong. That the occupation of the new territory was not, however, effected in an altogether pacific manner, and that local disturbances ensued, which, if not directly encouraged or connived at by the Viceroy of Canton, ought unquestionably to have been prevented by him. That a provisional boundary had previously been delimitated by Commissioners appointed by the Chinese Government and by that of Her Majesty, but in consequence of the disturbances alluded to, and also for reasons of Imperial policy, that it was decided by Her Majesty's Government that it would be expedient to occupy the town or village of Sham Chun, which was outside the provisional boundary, and also to occupy the City of Kowloon, as to which there was a reservation in Section 4 of the Order in Conncil. That the town of Sham Chun and the City of Kowloon were accordingly occupied on the 16th May last, and had remained in Her Majesty's occupation ever since.

That the question whether Sham Chun should be permanently occupied or should after a time be restored to China had for some time been under the consideration of Her Majesty's Government; but that it had now been decided to withdraw from Sham Chun, and to retire within the boundary previously delimitated. That Her Majesty's Govern. ment hal, however, come to the conclusion that it was absolutely necessary that Kowloon City should henceforth be wholly and in all respects under British jurisdiction, and an intimation to that effect had been addressed to the Chinese Government. That it had therefore become necessary that the Order in Council of 20th October, 1898, should be amended accordingly,

That Mr. Bertran Cox was accordingly to submit to us the Draft of an amending Order in Commeil which had been prepared in the Colonial Office, and was to request 18 to take the same into our consideration, and to report whether the terms of the Draft Order in Council were sufficient and proper for the purpose intended.

In obedience to your commands, we have the honour to

Report-

That in our opinion the accompanying Draft Order in Council, as altered and initialled by us, is sufficient and proper for the intended purpose.

The Right Honourable J. Chamberlain, M.P.,

&e..

&c..

&c.

We have, &c.,

RICHARD E. WEBSTER. ROBERT B. FINLAY.

PUBLIC RECORD OFFICE

Reference:

། ། 3།

C.O.885

DRAFT ORDER IN COUNCIL FOR INCLUDING KOWLOON CITY WITHIN THE COLONY

of Hong Kong.

WHEREAS by a Convention dated the 9th day of June 1898, between Her Majesty and His Imperial Majesty the Emperor of China, it was provided that the limits of

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