CO537-1657 — Page 74

NOTE

Samsiin

"The present territory of the Colony of

Hong Kong has been acquired in three stages: first, the Island, ceded to Great Britain by China in 1841; the second, a small peninsula on the northern side of the harbour called Kowloon, which was ceded in 1860; the third, a considerable area behind Kowloon (called the New Territories") which was leased for 99 years in 1898 from China as a defensive frontier line.

"The first two are British Colonial territory in perpetuity, the third is, however, in a different position although for the period of the lease it is in all respects assimilated with the rest of the territory of Hong Kong and administered as part of the Colony. The laws of Hong Kong apply to it and the Chinese born in it during the British lease are British subjects.

"In the Anglo-Chinese Convention of 9th June 1898, in which the "New Territories" were declared to be "part and parcel of His 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", there were two restrictive clauses which should be mentioned:-

"(a) It was agreed that within the City of Kowloon (which formed part of the leased territory) "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 Hong Kong".

"(b) 'It is understood that there will be no expropriation or expulsion of the inhabitants' of the leased territory and that if land is required for public offices, fortifications, or the like official purpose it shall be bought at a fair price'.

"The first of these restrictions duly appeared in the British Order-in-Council of 20th October 1898 which provided for the government of the leased territories. Article 4 of that Order-in-Council reads:- "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'.

"When in the following months the Hong Kong Administration proceeded to take over the leased territory they were met with armed resistance in the City of Kowloon and the place had to be captured by British troops. It was clearly established at the time that this resistance was fomented by the neighbouring Chinese Provincial Authorities at Canton and it was decided that any retention by Chinese officials in the City of Kowloon of their jurisdiction was incompatible with the defence interests of the Colony. Accordingly a new Order-in-Council of 27th December, 1899, was issued which revoked Article 4 of the previous Order-in-Council and declared (Article 2): 'The City of Kowloon shall be and the same is hereby declared to be for the term of the lease in the said Convention mentioned (the Anglo-Chinese Convention of 1898) part and parcel of His Majesty's Colony of Hong Kong in like manner and for all intents and purposes as if it had originally formed part of the said Colony'.

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