PUBLIC RECORD OFFICE
Reference :-
6
TLC.O. 882
6 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
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6. The power of legislation is vested in the Commissioner by clause 9, subject to His Majesty's allowance or disallowance of any Ordinance which he may make.
7. As regards clause 11 of the Order, I have to explain that the views expressed by Sir F. Swettenham (in which I understand that you concur) in favour of the aboli- tion of the reservation of Chinese jurisdiction within the walled city of Wei-hai-wei, were laid before the Secretary of State for Foreign Affairs. His Lordship replied that he fully appreciated Sir F. Swettenham's objections to the continuance of the arrange- ment, but in view of the express provision on the subject in the Convention of July 1st, 1898, he could not assent to its being abolished except after communication with the Chinese Government, and in pursuance of some arrangement arrived at with them in regard to it. His Majesty's Minister at Peking was, however, instructed by despatch to approach the Tsung-li-Yumien on the subject as soon as an opportunity offered after the conclusion of the peace negotiations, and to endeavour to arrive at an understand- ing with them for the withdrawal of the Chinese officials.
8. No steps have as yet been taken for the appointment of a Judge, and it is not proposed to appoint one unless experience shows that such an appointment is absolutely necessary. You will therefore yourself, for the present, discharge these functions, as provided by clause 12. I propose to appoint Mr. Hare a Magistrate, subject to your concurrence, and on the receipt of a telegram from you stating that you do concur, and naming the district for which he should be appointed.
9. You will observe that the Supreme Court of Hong Kong is constituted a Court of Appeal for the Territory, in civil and criminal matters. A copy of the Order in Council has been transmitted to the Governor of Hong Kong, and his attention called to the jurisdiction conferred on the Supreme Court.
10. Clause 82 of the Order in Council has been inserted at the request of the Lords Commissioners of the Admiralty, with a view to the protection of naval interests.
I have, &c.,
J. CHAMBERLAIN.
25858
SIR,
No. 34.
MR. CHAMBERLAIN to COMMISSIONER SIR F. DORWARD..
(No. 21.)
[Answered by No. 61.]
Downing Street, August 2, 1901.
I HAVE the honour to transmit, for your observations, a copy of a memorandum* furnished by Commander Gaunt, Royal Navy, after an interview at this Office, in regard to the administration of Wei-hai-wei.
2. As regards the suggestion that the island of Liu Kung Tau might be adminis- tered separately by the senior naval or military officer, I have to observe that the Lords Commissioners of the Admiralty stated, in November last, when the question of the administration of the island was under consideration, that the naval interests there were "sufficiently represented by the naval officer who is now in charge of the naval establishments on the island and of the man-of-war anchorage, for which he is directly responsible to the Naval Commander-in-Chief. The proper discharge of these duties will amply occupy the time and energies of the Naval Officer in charge, and My Lords do not therefore consider it desirable that this officer should be called upon to combine civil functions with his naval duties."
3. In view of Mr. Hare's appointment as your assistant, the question of appoint- ing a Chinese Naval Officer as District Magistrate is not of immediate urgency; but I shall be glad to consider your views upon this proposal, as upon the other points raised in this memorandum.
4. I also enclose a notef by Commander Gaunt on the subject of the establish- ment of an independent Post Office at Wei-hai-wei. I take this opportunity of in- forming you that I have forwarded a copy of your despatch of the 20th May,‡ to the General Post Office, with an intimation that, subject to any remarks that the Post- master-General may wish to make, I propose to approve your proposals.
I have, &c.,
• (A) in No. 29:
† (B) in No. 29.
J. CHAMBERLAIN.
‡ Not printed.
27201
(Secret.)
23
No. 35.
WAR OFFICE to COLONIAL OFFICE.
(Received August 5, 1901.)
[Answered by No. 39.]
War Office, Pall Mall, S.W., August 3, 1901.
SIR,
1. I am directed by the Secretary of State for War to request that you will inform the Secretary of State for the Colonies that, after consultation with the Lords Commissioners of the Admiralty, and with their concurrence, Mr. Brodrick has decided to revise the military arrangements at Wei-hai-wei on the following principles:-
(i.) That the port should be maintained only as a flying naval base for His
Majesty's feet for use in a war with China, or a non-naval power.
(ii.) That, in the event of war between this country and one or more naval
Powers, the abandonment of the port may be necessary. (iii.) That the garrison should be limited to the strength necessary to furnish
sentries over the naval stores and sick quarters.
(iv.) That further expenditure on fortifications and armament of the port should
cease.
2. As regards (iii) the Secretary of State for War, on the advice of the Com- mander-in-Chief, proposes to reduce the strength of the garrison to one company of British Infantry and two companies of the Chinese Regiment. It is hoped that the remainder of the Chinese Regiment will prove available as an addition to the garrison of Hong Kong-a garrison which the Colonial Defence Committee have recently re- commended should be further reinforced-but before a final decision is arrived at, a report will be called for from the officer commanding the battalion, as to the suita- bility of that fortress as a station for the men of the regiment.
3. Mr. Brodrick recognises that this proposal will entail a modification of the arrangements for police work on the mainland, contemplated in your letter of the 9th of October last, but it is important that the garrison should be no larger than is absolutely necessary, so that in case of evacuation on an emergency, the whole per- sonnel could be moved to Hong Kong without difficulty by one of His Majesty's ships. Mr. Brodrick notes that in his original proposals for the future administration of the territory, Mr. Chamberlain "considered that military and naval considerations should be paramount," and, having regard to these considerations, he trusts that the Secretary of State for the Colonies will be able to re-consider the arrangement that 200 of the Chinese Regiment should be employed on police duty on the mainland.
4. I am to add that instructions have been sent by telegram directing the cessation of all work on the fortifications.
27110
SIR,
No. 36.
I have, &c.,
E. W. D WARD.
COLONIAL OFFICE to FOREIGN OFFICE.
[Copy to Commissioner, August 23, 1901. Confidential. L.F.]
[Answered by No. 42.]
Downing Street, August 9, 1901. I AM directed by Mr. Secretary Chamberlain to request you to inform the Marquess of Lansdowne that in a letter which was recently received from Major- General Sir A. Dorward, K.C.B., the Military Commissioner at Wei-hai-wei, enquiry was made as to whether any action was being taken in regard to the inclusion of the walled city of Wei-hai-wei within British jurisdiction. Sir A. Dorward added that this step is " absolutely necessary for the welfare of the territory and the success of the Chinese Regiment.”
2. In this connexion I am to refer to the letter from this Office of the 9th October last, and your reply of the 22nd of that month, upon the subject of Sir Frank
No. 61 in Eastern No. 72.
+27110: private letter, not printed. ‡ Nos. 60 and 65 in Eastern No. 72.