CO537-6049 — Page 26

CHINA

PAPER A

No. 1

13

Additional Information about Kowloon City and the early history of the Dispute as to Jurisdiction over it

Kowloon City

1. When leased to Great Britain in 1898, Kowloon City was an enclosed area surrounded by a stone wall forming as nearly as possible a parallelogram, measuring 700 feet by 400 feet. At that time, it had a total Chinese population of about 744 persons, the garrison amounting to 544 and the civil population to 200. After the British authorities took possession of Kowloon City in May 1899, very few changes occurred there until Hong Kong was occupied by the Japanese during the Second World War. At the present time the City can only be described as a ruin. The city wall, with the exception of a portion about 60 feet long at the north-east corner, was demolished in 1942 by the Japanese to obtain materials for the extension of Kai Tak Aerodrome. Only two buildings remain, a school which is in a dilapidated condition, and a home for aged women.

2. Attached is a plan showing the position and extent of Kowloon City. The former city wall is shown in red. A triangular area to the north of the city was formerly enclosed by a low wall which no longer exists.

Negotiations leading to the Convention of 9th June, 1898

3. As a set off to certain concessions to the French, the Chinese authorities expressed their readiness on 11th April, 1898, to lease to Her Majesty's Govern- ment as much additional territory on the Kowloon Promontory, exclusive of Kowloon City, as would be required for military and naval purposes.

4. Sir C. MacDonald, Her Majesty's Representative at Peking, was then instructed to inform the Yamen, amongst other things, that the Chinese authorities would be required to concede all the land which would be necessary for the defence of Hong Kong. At the same time the Minister was advised that we required no more than what from a military point of view was necessary, but all of that should be obtained, whether or not it included Kowloon City.

5. To this demand the Yamen Ministers replied that in none of their recent leases had they been compelled to sacrifice Chinese dignity to the extent of with- drawing their permanent officials and that they felt unable to do so in the case of the City of Kowloon. Her Majesty's Minister then suggested that the Chinese officials should be allowed to remain until practical proof of the unfeasibility of the system was afforded. Sir C. MacDonald was instructed that the possession of the town was essential and that some arrangement should be come to whereby the Chinese officials remained undisturbed, with nominal English subordinates by their side to do the work, but subject to the paramount British authorities.

6. In reply to these instructions, Her Majesty's Minister reported that the Chinese Government had very great objection to granting so great an increase of territory as was desired, but the cession of the City of Kowloon was the principal difficulty. He said that with the Chinese it was a question of preserving their dignity and "saving face" and that the suggested arrangement would not be agreed to by the Chinese Government at that moment, although it might be effected later on. He pointed out that the Russians had agreed to the Chinese administration of Kinchow City, and suggested that they probably intended to revise the arrangement at a later date.

7. On 2nd May, 1898, the Yamen agreed to grant a lease for the Hong Kong extension, subject to several conditions, one of which was that the Chinese Government's jurisdiction in Kowloon City should remain in the hands of their officials unless the military arrangements for the defence of Hong Kong required otherwise.

8. A draft convention, which included an Article in the sense of the preceding paragraph, was then agreed with the Chinese authorities.

9. On 6th June, 1898, the Colonial Office asked that Sir C. MacDonald should endeavour to procure some modification of the provision regarding continued Chinese jurisdiction within the City. They pointed out that the town would be well within the area of the lease, that difficulties would arise if justice continued to be administered there exclusively in Chinese fashion, and suggested that the words might run " Chinese jurisdiction shall continue concurrently

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