CO537-6049 — Page 27

14

CHINA

in Kowloon City, so far as is not inconsistent with military requirements, and with European law and custom.' It was added that the Yamen could be given an assurance that it was not intended to interfere with the position and emolu- ments of the Chinese Magistrate or Magistrates in the town of Kowloon, but to assimilate, as far as was possible, Chinese to British procedure, so as to prevent the possibility of future friction and scandal.

10. The Convention for the extension of Hong Kong was signed on 9th June, 1898, and on the same date a letter was sent to the Colonial Office saying that their suggestions regarding Chinese jurisdiction could only delay the signature of the Convention and that if it was found in practice that the Chinese methods of administering justice were such as to bring discredit on Her Majesty's Govern- ment, as the leaseholder of the territory, some arrangement could be negotiated with the Chinese Government to remedy the evil.

History of the Dispute as to Jurisdiction over Kowloon City, 1898-1933

11. The handing over of the territories leased under the Convention of 9th June, 1898, including Kowloon, was the subject of negotiations between Her Majesty's Government and the Government of China in the first quarter of 1899. The date fixed for handing over the territory was 17th April, 1899. Nevertheless the Chinese authorities created difficulties and local mobs caused disturbances. To avoid further trouble, the territory was taken over by the Hong Kong Government on 16th April, 1899.

12. Both before and after this date, Chinese troops and mobs made attacks on British officials and troops. Moreover, on 18th April, 1899, the Governor of Hong Kong reported that a force of 600 Chinese troops had been sent into Kowloon City. Chinese Ministers denied the responsibility of Chinese authorities. for the attacks, but despite repeated British protests, the Chinese troops were not removed from Kowloon City. Accordingly, information having been received by the Governor of Hong Kong of plans for the invasion of the leased territory by large numbers of troops from the northern boundary, the Governor was authorised to deal with the matter locally. Kowloon City and the Valley of Sham Chun were occupied by British forces on 16th and 17th May, 1899. (Sham Chun, outside the leased territory, was later evacuated.) On 21st May, 1899, the Yamen protested that this was in direct contravention of the Convention of 1898 and requested Her Majesty's Chargé d'Affaires to telegraph to Her Majesty's Government to order the withdrawal of the occupying forces. Her Majesty's Chargé, stating that it was impossible for Her Majesty's Government to accept the view that the Chinese authorities were not responsible for the attacks on British officials and troops, replied that he did not feel justified in telegraphing in the sense desired.

13. On 30th May, 1899, the Marquis of Salisbury handed a note to the Chinese Minister in London, in reply to a telegram from the Yamen which the Minister had left at the Foreign Office (Paper E, No. 1). The note reviewed the facts from 3rd April to the date of the expulsion of the Chinese troops and officials from Kowloon and stating that "in view of the fact that the Chinese Government do not hold themselves responsible for attacks by local mobs on British troops, the obligation falls on Her Majesty's Government of performing the duty which is usually performed by the sovereign of the country, but which the Chinese Government declined. After the recent experience which they have had not only of the worthlessness of the protection extended by the Chinese garrison at Kowloon, but of the additional danger involved in its presence, it is impossible for Her Majesty's Government to allow the resumption of Chinese authority within that city.'

وق

14. In October 1899, both in Peking and in London, the Chinese requested the restoration of Chinese jurisdiction in Kowloon City. Both requests were met by a refusal and a reference to the Secretary of State's Note of 30th May, 1899.

15. On 14th November, 1899, the Chinese Government drew the attention of Her Majesty's Chargé d'Affaires in China to the stipulation of the Convention that within the City of Kowloon the Chinese officials stationed there should continue to exercise jurisdiction, and requested that consent should be given to the restoration of Chinese jurisdiction. The matter was also raised by the Chinese authorities at an interview with Sir Claude MacDonald, Her Majesty's Minister, on 14th December, 1899, at which the latter pointed out that while according to the Convention Chinese jurisdiction was to be retained "except in so far as may