CO537-3711 — Page 28

a true parallel in this respect only between Kowloon and the leases containing two other walled cities-et-hai-wei (British) and Kipchow ("hissian) and in regard to them the Chinese statement is trus. The cuse of the Gennap lraze

ia different because there a zone was specially excepted from the lease altogether, In tho one of the two Erition and

of the Russian leases the walled cities (Finchow, Fowloon and Wel-hai-wel) were included within the territory lossed but in the cape of Towison und 781-hui-red provision wan mado, subject to alldiazy requiremento, for the continued exercise of a tabure of Jainese furtadtation. In the case of Fincnor Ausglad, there wan to provision for continued Chintan Juztadietton is the walled city in the original leune ut first; it wwe innerted in un &ditional Agreenent Luter but 97 41004018220 uroge 10 rentice that, after

a diasian daland in 1901 for the abolition of Citaese adminis- trution, the Chinage banioned in 1907 their attempts to 8x6raise it. In any ciod thera is not in this rovision the overriding 11sitation which is found in both the legaes to the U.F uzoept að far að may be inonnalztent with nuval and military requireusats for the defence of the territory leased". Purther, if the negotiations regarding doeloon are looked at (apez A. para. 5) it will be seen that the Chinese at first refused to fuglude the City of Kowloon ja the lease, and were caly inducted to do so by the provision under dia- cussion. lu the case of the lease to France, there was no walled city and no area within which Chingoo jurtadiotion was to coatinus,

24. The Chinese note, puferring to the words of the Con- vention, which spect of "Chinese officials now stationed there" and requiring them to exeraise their jurisdiction in a manger consistent with the allitary requirements for the dezenoo of Long ong, saya that these worde cannot logically be taken to men only the persons then holding office in the City and not to inalude all their successors. It pointa out that there is no prevision in the Convention for the with- drawal of the Chinese officials, and emphasises the distine- tion with the re lader of the nawly leased territory over which Great Britain is to have sole jurisdiction, and argues thut tais in lies that within Fowloon City Great Britain is not empowered to exercise such juriadiction. The aote adds that the Chinese Government hus nover pegounced jurisdiction ever Posloop "Ity. The arqusert in the note concludes with what in, in effect, a political argument by referring to the cireuastenere in which the leases of 1808 were granted. It

“Unable to rentet the cuccessive rival demande from the voters who were each seeking a sphere of influence on the afatie mainlund, the Chinese Government sanured a fai un reservation in each of the lescec where a local Government was functioning, in the fom oz a special aroa over which China should coutinue to exercia jurisdiction."

In other words, China yielded to the force of eiroumatanesa by agreeing only to meet the military requirements or the powers concerned without renouncing her jurisdiction in respect of certain reserved areas. In fact the Chinese are not simply claiming the right of re-entry into Kowloon City of the officials who exercised jurisdiction there at the time of the Convention of 1898, but are claiming the right to exercise full and exclusive jurisdiction over the City.

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