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CHINA

3. The Provisions of the said Order in Council of 20th October, 1898, shall apply to the city of Kowloon in like manner as if the said city had by the said Order in Council been declared to be part and parcel of Her Majesty's Colony of Hong Kong.

And the Right Honourable Joseph Chamberlain, one of Her Majesty's Principal Secretaries of State, is to give the necessary directions herein accordingly.

A. W. FITZROY.

(Signed)

PAPER D

Sub-enclosure No. 1A

F 4192/1099/10

(Secret) Sir,

The War Office, 16th 'May, 1934.

I am commanded by the Army Council to acknowledge the receipt of Colonial Office letter No. 33744/1934, dated 30th April, 1934, on the subject of a proposal by the Government of Hong Kong to expropriate certain Chinese tenants from their properties in Kowloon City, and in reply to state for the information of the Secretary of State for the Colonies that they are of the opinion that the exercise of Chinese jurisdiction in Kowloon City is not consistent with the military requirements for the defence of Hong Kong, as not only is a proportion of the garrison now quartered in Kowloon, but also the city is adjacent to Kai-Tak which forms the site of the only existing aerodrome. Although the Council understand that there is no likelihood of any new construction being undertaken in the event of Chinese jurisdiction in the City being recognised, yet they desire to point out that once that principle was accepted there would legally be nothing to prevent the erection of tall buildings, power cables on pylons, or other construction which might seriously impair the usefulness of the aerodrome.

I am,

Under-Secretary of State,

Colonial Office.

(Signed)

A. E. WIDDOWS.

PAPER D

Sub-enclosure No. 1в

F 4192/1099/10

Sir,

Admiralty, 13th June, 1934.

With reference to your letter No. 33744/34 of 30th April, 1934, concerning the proposal of the Government of Hong Kong to expropriate certain Chinese tenants of properties in Kowloon City, I am commanded by My Lords Commis- sioners of the Admiralty to offer the following observations for the consideration of the Secretary of State for the Colonies.

My Lords note from Mr. Stewart Lockhart's report dated 8th October, 1898, the text of which is given in Colonial Office print Eastern No. 66, that before the lease the only Chinese officials stationed within the walled city of Kowloon who exercised jurisdiction there were military officers, since the only civil magistrate was expressly stated to have no jurisdiction within the city. My Lords would of course regard any resumption of military jurisdiction by China as being inconsistent with military requirements for the defence of Hong Kong; and They find it difficult to conceive what jurisdiction might be exercised by China within the city of Kowloon without prejudice to defence requirements, since even the exercise of a minor judicial jurisdiction such as that presumably enjoyed up to 1899 outside the walls by the Chinese Deputy Magistrate might give rise to petty oppression and consequent unrest or provide a cloak for subversive activity.

I am, &c. (Signed) J. S. BARNES.

Under-Secretary of State,

Colonial Office, S. W. 1.

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