CO537-2190 — Page 27

References 13832/33; 33744/34; 53552/35-38; C 9131-

Affairs of China (China No.1 (1899)); page Hertstakes Treaties.

Correspondence re.

NOTE on KOWLOON CITY.

590, Vol. XXI f

"The present territory of the Colony of Hong Kong has been noquired in three stages: first, the Island, oeded to Great Britain by China in 1841; the second, a small peninsula on the northern side of the harbour called nöwloon, which was ceded in 1860; the third, a considerable área behind Kowloon (oslled the New Territories") whion was leased fur 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 altoough for the period of the lease it is in all respects assimilated with the rest of the territory of Hong Kong and süministered as part of the Colony. The laws of Hong Kong ap ly to it and the chinese born in it during the British lease are British subjects.

"In the Anglo-Chinese Convention of 9th June 1896, 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 intenta 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 exorcise 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 a peared in the British Order-in-Council of 20th Cetober 1898 shich provided for the government of the leased territorica. Article 4 of that Crúer-is-Council reada1- 'Notwithstandi anything berein contained the Chinese officials now stat i ned within the City of dowl:on 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 toe tiong Kong administration proceeded to take over the leased territory they were cet 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 intereste of the Colony. Accordingly a new Crder-in-Council of 27th Deceɛ.ber, 1899, was issued which revoked Artiole 4 of the previ us cruer-in-Council and declared (Article 2): 'The City of Kowloon shall be and the sare 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 kajesty'a Colony of Hong song in like manner and for all intents and purposes as if had originally formed part of the said Colony'.

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