CO537-3711 — Page 72

NOTHING TO BE WRITTEN IN THIS MARGIN.

27.

Nevertheless, it will be seen from paras.

3 to 10 of Paper A that the Chinese Government,

although willing to lease additional territory

in Kowloon promontory, at first resisted the

inclusion of Kowloon City in the lease, on the

ground that it was a matter of dignity to them

not to withdraw their permanent officials.. No

other reason was given by the Chinese Government

rre

for their objection other than that of "saving

face".

It is clear, therefore, that the clause

was a concession made by the British Government

in order to obtain Chinese assent to the trans-

J-

action as a whole. The reason behind the pro-

vision was national pride, and it was a bargain

struck between H.M.G. and the Chinese whereby in

order not to hold up the Convention it was

agreed, subject always to arrangements, for the

military defence of Hong Kong, that the Chinese

officials might remain. It is suggested that

the provision should be read in the light of

the conditions then prevailing and of the over-

riding purpose of the Convention, namely the military requirements for the defence of Hong

Kong.

28.

However, according to the facts set out above, it is submitted that there were then no Chinese officials in Kowloon exercising full civil jurisdiction over the City. The civil magistrate had no jurisdiction in relation to the City and therefore could not be covered by the words used in the Convention.

The only

Chinese officials who could be restored would be the military officials whose jurisdiction was a limited one at the time of the Convention.

Therefore, /