CO537-3707 — Page 167

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(Copy & Law Offices'

Притет

(Onge. 54145/16/6/48)

Gentlemen,

LAW OFFICERS' DEPARTMENT,

ROYAL COURTS OF JUSTICE, W.C.2.

24th June, 1948.

We were honoured with your commands, signified to us in

a letter dated the 14th May, 1948, from Mr. F.0. Roberts-Wray

and Mr. F.A. Vallat (F.0. Ref. F6995/154/10: 0.0. Ref.

54145/16/6/48), requesting us to favour you with our opinion

on certain questions that have arisen out of difficulties

between His Majesty's Government and the Government of China

with respect to jurisdiction over the walled City of Kowloon.

We have taken the matter into our consideration and in

obedience to your commands have the honour to REPORT

THAT the dispute upon which we are asked to report arises

out of a provision in the Convention dated 9th June, 1898 be-

tween Great Britain and China respecting an extension of Hong

Kong territory. The provision relates to the exercise of

jurisdiction in Kowloon City and the issue turns upon the

extent to which, upon its true interpretation, this provision

retains for China the right to exercise jurisdiction within

the walled City of Kowloon in the circumstances which have

supervened from the date of the making of this Convention.

In seeking the proper meaning to be attributed to this

provision, it is, we think, of importance to bear in mind the

nature and extent of the territory to which the provision

relates and the population resident in Kowloon City at the time

when the Convention was made. It appears from the papers

submitted to us that Kowloon City was at that time an enclosed

area, surrounded by a stone wall forming as nearly as possible

a parallelogram measuring 700 feet by 400 feet. It had at

that time a total Chinese population of about 744 persons,

the garrison amounting to 544 and the civilian population to

200. The civilian population was dependent upon the military

and, according to a report dated 8th October, 1898, by Mr.

/Stewart