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18443.

306

No. 220.

GOVERNOR SIR H. A. BLAKE to MR. CHAMBERLAIN.

(Received 8.10 a.m., July 17, 1899.)

TELEGRAM.

[Answered by Nos. 221 and 224.]

Referring to my telegram of 10th July, in Executive Council this day sentence of death confirmed; decided that execution will take place 31st July, 6 a.m.; hope that I shall have your answer to my telegram before that date.

307

That Mr. Lucas was to request us to take these papers into our consideration and to advise you

(1.) Whether the contention now put forward on behalf of the Chinamen who had been convicted of murder within these territories was justified in law, and if so, on what grounds ?

(2.) Generally.

In obedience to your commands we have taken the papers into our consideration, and

have the honour to

Report

(1.) THAT in our opinion the contention now put forward on behalf of the China- men who have been convicted of murder within these territories is not justified in law. The argument based on the word jurisdiction is not well founded, but apart from that, the territory leased became British territory and Her Majesty was at liberty to provide that the law of Hong Kong should apply therein. We understand that no question arises as to the jurisdiction of the Chinese Officials within the City of Kowloon.

(2.) We have nothing to add.

18443.

No. 221.

MR. CHAMBERLAIN to GOVERNOR SIR H. A. BLAKE. (Sent 1.45 p.m., July 17, 1899.)

TELEGRAM.

Referring to your telegrams of 10th July, 17th July, † question referred to Law Officers. Will give definite answer as soon as possible.

The Right Honourable J. Chamberlain, M.P.,

&c.,

&c.,

&c..

18528.

No. 222.

18614.

No. 228.

We have, &c.,

RICHARD E, WEBSTER. ROBERT B. FINLAY.

SIB,

LAW OFFICERS TO COLONIAL OFFICE (Received July 17, 1899.)

Royal Courts of Justice, July 17, 1899.

We were honoured with your commands signified in Mr. Lucas's letter of the 13th instant stating that he was directed by you to transmit for our consideration a copy of a telegrain from the Governor of Hong Kong respecting the conviction and sentence to death of two Chinamen.

That the crime of which those men were convicted was committed in the territory recently acquired from China, on a Lease for 99 years, under the Convention of the 9th of June, 1898, which had been declared by the Order in Council of the 20th October, 1898, to be part and parcel of the Colony of Hong Kong,

That the new territory was formally taken over by the Governor of Hong Kong on the 16th April. That the murder was understood to have been committed on the 17th April, and the laws of Hong Kong were brought into force in the new territory from that day by Proclamation, under Clause 3 of the Order in Council.

That it appeared from the telegram that it was contended on behalf of the prisoners that under the terms of the Convention Her Majesty the Queen had no power to introduce the laws of Hong Kong in the territory thereby ceded to Her, and that consequently the Order in Council of the 20th October last, and the Proclamation issued under it were invalid, and that Chinese law was still in force in that territory.

That in view of our Report of the 17th October last, that the Draft Order in Council as amended and initialled by us was sufficient and proper for the purpose proposed, it appeared to you that the contention of the Counsel for the prisoners could not be sustained, but that you would be glad to be favoured with our opinion on the subject at the earliest possible date.

That Mr. Lucas was to enclose to us in his letter copies of the Convention, the Order in Council, the Despatch transmitting it to the Governor,** and of our Report of the 17th October last.§ A copy of the Governor's Proclamation‡‡ was also enclosed.

• No. 217.

No. 41.

** No. 62.

↑ Nos. 217 and 220.

No. 14.

†† Enclosure 3 in No. 159,

SIR,

(No. 145.)

GOVERNOR SIR H. A. BLAKE to MR. CHAMBERLAIN.

(Received July 18, 1899.) [Answered by No. 268.]

Government House, Hong Kong,

June 14, 1899.

WITH reference to the taking over of the leased area of Kowloon Extension, there are two matters on which I desire to receive your instructions.

2. The removal of the Chinese Imperial Customs from the territory releases a number of buildings, some of which have already been taken over as Police stations and some that are not at present required by the Government. I understand that at Wei- Hai-Wei no payment has been made for public buildings evacuated by the Chinese, but Mr. Hillier, the late Commissioner of Customs here, demanded payment for the buildings. I declined to entertain his application, but gave him a receipt for each building taken over by us. I shall be glad to be informed if, in your opinion, payment should be made for those buildings.

3. Included within the leased area is the small island of Waglan on which there is an important lighthouse hitherto kept up by the Chinese Government. So far no proposal has been made to me to take it over; but the service of the lighthouse is connected with the Customs station at Fo-to-Chow, on the eastern entrance to the harbour. When that station is removed there will be no launch available for its service by the Chinese Customs, and I apprehend that it will be necessary for this Government to take it over and maintain it as the lighthouse at Gap Rock is maintained. In that event the amount of light-dues at present collected will probably be insufficient.

I have, &c.,

17826, not printed. Enclosure in No. 62.

638

HENRY A. BLAKE,

Governor, &c.

PUBLIC RECORD OFFICE

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