CO537-6049 — Page 14

A

THIS DOCUMENT IS THE PROPERTY OF HIS BRITANNIC MAJESTY'S government

CONFIDENTIAL

F 6995/154/10

CHINA

No.

17

[June 24, 1948]

Colonial Office and Foreign Office to the Law Officers of the Crown

Gentlemen,

Colonial Office, 14th May, 1948.

Office,} Foreign Office,

We have the honour, by direction of Mr. Secretary Bevin and of Mr. Secretary Jurisdic- Creech Jones, to request that you will favour them with your opinion on certain tion over questions that have arisen out of differences between His Majesty's Government the walled and the Government of China with respect to jurisdiction over the walled City City of

of Kowloon.

2. Kowloon City is a small part (61 acres in size) of the area leased by China to Great Britain by a Convention of 9th June, 1898, and forming an extension of the territory of Hong Kong. The City is situated about a quarter of a mile from the seashore and is near the Kai Tak aerodrome. It is 20 miles on the British side of the boundary between the leased territories and China. (Additional information is given in paragraphs 1 and 2 of Paper A, No. 1; a map of Kowloon City is attached as Paper A, No. 2(').)

3. Since 16th May, 1899, the Hong Kong authorities have in fact exercised jurisdiction over Kowloon City. In 1899-1900 and 1933-1937 the Chinese Government challenged the right of the Hong Kong authorities to exercise this jurisdiction. The matter was again broached in 1946 and the dispute has been brought to a head as a result of attempts made by the Hong Kong authorities on 5th and 12th January, 1948, to evict Chinese squatters from insanitary dwellings in Kowloon City. Information on the earlier history of the matter is contained in Paper A, No. 1. The events giving rise to the present differences are set out more fully below. Copies of available correspondence between His Majesty's Government and the Chinese Government relating to the dispute are contained in Paper E.

4. By the Convention of 9th June, 1898, between China and Great Britain (Paper B attached) it was agreed that the territory of Hong Kong should be enlarged under lease to the extent indicated generally on a map annexed to the Convention. The term of the lease was 99 years. By paragraph 2 of the Con- vention it was at the same time agreed that within the City of Kowloon Chinese officials now stationed there shall continue to exercise jurisdiction except so far as may be inconsistent with the military requirements for the defence of Hong Kong. Within the remainder of the newly-leased territory Great Britain shall have sole jurisdiction."

5. By an Order in Council of 20th October, 1898 (Paper C, No. 1) provision. was made for the government of the territories adjacent to Hong Kong leased under the Convention of 9th June, 1898. For this purpose the territories within the limits and for the term described in the Convention were declared to be part and parcel of the Colony of Hong Kong in like manner and for all intents and purposes as if they had already formed part of the Colony. By Article 4 of the Order in Council an exception was made for the City of Kowloon, corresponding to the provisions of paragraph 2 of the Convention. Article 4 of the Order in Council reads as follows: "Notwithstanding anything herein contained, the Chinese officials now stationed within the City of Kowloon shall continue to exercise jurisdiction therein except in so far as may be inconsistent with the military requirements for the defence of Hong Kong.

6. According to a report dated 8th October, 1898, by Mr. Stewart Lockhart, contained in Colonial Office Print, Eastern No. 66, the Chinese officials stationed at the time of the Anglo-Chinese Convention of 1898 within Kowloon City were (1) Not reproduced.

Kowloon.

14826 35538

B