CO537-6049 — Page 49

CO537 Colonial Confidential Records 理藩院機密檔案 All

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CHINA

The Ministry have the honour to observe that the establishment of the Kowloon Leased Territory was based on the convention respecting an extension of the Hong Kong territory, concluded in 1898, which provides : It is at the same time agreed that within the city of Kowloon the Chinese officials now stationed there shall continue to exercise jurisdiction

It is further understood that there will be no expropriation or expulsion of the inhabitants of the district included within the extenson

În accordance with the above provisions, the juris- diction of the city of Kowloon naturally belongs to China, and the British. Government may not compel the inhabitants of that city to remove elsewhere. On 15th September, 1946, the Hong Kong Government issued a statement to the effect that from the date of entering into force of the convention respecting an extension of the Hong Kong territory the city of Kowloon, during the period of its lease, became a part of the extended British territory and was within [the area] subject to British jurisdiction. The Ministry for Foreign Affairs on 18th September, 1946, issued a public statement regarding the attitude of the Chinese Government, reaffirming that the Chinese Government had never renounced their jurisdiction over the city of Kowloon. The reason given by the Hong Kong Government for taking forcible action and compelling the inhabitants of Kowloon City to remove is that the site on which the houses in question were situated is Crown land.” This reason clearly ignores Chinese jurisdiction over the city of Kowloon, which China has never renounced, and the Chinese Government are quite unable to accept it. They further consider that the action of the Hong Kong Government in forcibly demolishing the houses of the inhabitants of Kowloon City is contrary to the friendship that has always existed. between the Governments and peoples of China and Britain.

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The Ministry for Foreign Affairs now formally declare to the British Embassy that the Chinese Government, in accordance with the provisions of the Convention of 1898, still enjoy jurisdiction over the city of Kowloon and that they have no intention whatsoever of renouncing this jurisdiction. The Chinese Government are quite unable to consider as legitimate any measure in breach of the Convention of 1898 respecting an extension of the Hong Kong territory adopted by the British Government in the past or that may be adopted in future. Should the British Government have a different interpretation of the said convention, they should seek an equitable and reasonable settlement through the usual diplomatic channel. Regarding the forcible demolition and evacuation of the houses of the inhabitants in the city of Kowloon, the Ministry request that the embassy will inform the British Government [of the Chinese Government's] hope that they will take into serious consideration the friendly relations that have always existed between the Governments and peoples of China and Britain, stop the Hong Kong Government from continuing to adopt such measures, and immediately order them to release the arrested representatives of the inhabitants, cease to effect arrests, and provide proper accommodation for the inhabitants who have suffered losses.

It is requested that the above be transmitted to the British Government without delay and that a. reply be returned.

(Stamped)

Nanking, 8th January, 1948.

Ministry for Foreign Affairs.

Enclosure 2

(No. 12)

His Majesty's Embassy tọ Chinese Ministry for Foreign Affairs

His Britannic Majesty's Embassy present their compliments to the Ministry for Foreign Affairs and have the honour to acknowledge the receipt of the Ministry's memorandum No. Ou 37/00559 of 8th January protesting against the demolition of certain huts constructed within the area of Kowloon City and the eviction of their owners therefrom.

The contents of the Ministry's memorandum have been communicated to the British authorities concerned. But His Majesty's Embassy wish to make it clear that they are unable to accept as valid the claim put forward by the Chinese Government to jurisdiction over Kowloon City.

Nanking, 10th January, 1948.

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