CO537-3711 — Page 40

qualification.

In particular, they do

not seem to admit that these requirements

can justify any British jurisdiction in the

walled city, whatever limitations on

Chinese jurisdiction they may adnit as the

result of these requirements.

irst part of bepara.25.

curdingly the main legal issue is a

simple one nuwely, is China entitled to

jurisdiction over owloon city's a the

Chinese have throughout the dispute and

right up to 1948 based their case on the

Treaty of 1898, it hardly seems necessary to

discuss what, if any,arguenta they might

think fit to put before a court for the

invalidity of the whole lease. it is

conceivable however that Chins might sup ort

her claim to jurisdiction over the City by

reliance on some overriding rights of

sovereignty supposed to remin vested in

China as lessor of the territory in

question and not transferred by the lease.

lâragraph 23 above discussed wint light is

thrown upon the matter b. other leases

granted by China to other Powers in this

period. an investigation has been made to

see to what extent, if at all, any light

is thrown upon it by either (1) discussions

of international leases by legal writers of

authority;

1

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