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PUBLIC RECORD OFFICE

Reference :---

TILLC.O. 882

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO

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| PUBLIC RECORD OFFICE, LONDON

370

I hope Your Lordship will appreciate the gravity of the last-mentioned considera- tion, and abstain from any action with regard to the city of Kowloon which would be likely to create difficulties for the Imperial Government with the Government of Bussia.

I have, &c.,

33225.

No. 278.

LAW OFFICERS to COLONIAL OFFICE.

(Received November 29, 1899.)

LOH FENG LUH.

Royal Courts of Justice,

SIB,

November 29, 1899. WE were honoured with your commands signified in Mr. Bertram Cox's letter of the 10th instant, stating that, with reference to our letter of the 17th October, 1898,† reporting upon the Draft Order in Council for the annexation to the Colony of Hong Kong of certain territories leased to Her Majesty by the Emperor of China, he was directed by you to inform us that circumstances had arisen which had rendered necessary a certain modification of this Order in Council, and which were briefly as follow

That the Proclamation bringing into operation the provisions of the Order in Council, which was dated 20th October, 1898, was duly published on the 16th April last, and that the newly leased territory accordingly became from that moment an integral portion of the Colony of Hong Kong. That the occupation of the new territory was not, however, effected in an altogether pacific manner, and that local disturbances ensued, which, if not directly encouraged or connived at by the Viceroy of Canton, ought unquestionably to have been prevented by him. That a provisional boundary had previously been delimitated by Commissionera appointed by the Chinese Government and by that of Her Majesty, but in consequence of the disturbances alluded to, and also for reasons of Imperial policy, that it was decided by Her Majesty's Government that it would be expedient to occupy the town or village of Sham Chun, which was outside the provisional boundary, and also to occupy the City of Kowloon, as to which there was a reservation in Section 4 of the Order în Council. That the town of Sham Chun and the City of Kowloon were accordingly occupied on the 16th May last, and had remained in Her Majesty's occupation ever since.

That the question whether Sham Chun should be permanently occupied or should after a time be restored to China had for some time been under the consideration of Her Majesty's Government; but that it had now been decided to withdraw from Sham Chun, and to retire within the boundary previously delimitated. That Her Majesty's Govern- ment had, however, come to the conclusion that it was absolutely necessary that Kowloon City should henceforth be wholly and in all respects under British jurisdiction, and an intimation to that effect had been addressed to the Chinese Government. That it had therefore become necessary that the Order in Council of 20th October, 1898, should be amended accordingly.

That Mr. Bertram Cox was accordingly to submit to us the Draft of an amending Order in Council which had been prepared in the Colonial Office, and was to request us to take the same into our consideration, and to report whether the terms of the Draft Order in Council were sufficient and proper for the purpose intended.

In obedience to your commands, we have the honour to

Report—

That in our opinion the accompanying Draft Order in Council, as altered and initialled by us, is sufficient and proper for the intended purpose.

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

Lo..

&o.,

&c.

We have, &c.,

RICHARD E, WEBSTER. ROBERT B. FINLAY.

871

Enclosure in No. 278.

DRAFT ORDER IN COUNCIL FOR INCLUDING Kowloon CITY WITHIN THE COLONY

OF HONG KONG.

WHEREAS by a Convention dated the 9th day of June 1898, between Her Majesty and His Imperial Majesty the Emperor of China, it was provided that the limits of British territory in the regions adjacent to the Colony of Hong Kong should be enlarged under lease to Her Majesty in the manner described in the said Convention:

And whereas by an Order of Her Majesty in Council, dated the 20th of October 1898, it was amongst other things ordered that the territories within the limits and for the term described in the said Convention should be and the same were thereby declared to be part and parcel of Her Majesty's Colony of Hong Kong in like manner and for all intents and purposes as if they had originally formed part of the said Colony, and it should be competent for the Governor of Hong Kong, by and with the advice and consent of the Legislative Council of the said Colony, to make laws for the peace, order, and good Government of the said territories as part of the Colony:

And whereas by Article 4 of the said Order in Council it was provided that, notwithstanding anything in the said Order in Council contained, the Chinese officials at the date of the said Order in Council stationed within the City of Kowlon should continue to exercise jurisdiction therein, except in so far as might be inconsistent with the military requirements for the defence of Hong Kong :

And whereas the exercise of jurisdiction by the Chinese officials in the City of Kowloon having been found to be inconsistent with the military requirements for the defence of Hong Kong, it is expedient that Article 4 of the said Order in Council should be revalideed that the Chinese officials within the City of Kowloon should cease to exercise jurisdiction therein, and that the said City of Kowloon should become part and parcel of Her Majesty's Colony of Hong Kong for all purposes during the continuance of the term of the lease in the said Convention mentioned;

Now, therefore, Her Majesty is pleased by and with the advice of Her Privy Council, to order, and it is hereby ordered as follows :—

1. Article 4 of the Order of Her Majesty in Council, of the 20th of October 1898,

is hereby revoked without prejudice to anything lawfully done thereunder.

2. The City of Kowloon shall be, and the same is hereby declared to be, for die term.

of the lease in the said Convention mentioned, part and parcel of Her Majesty's Chiny of Hong Kong in like manner and for all intents and purposes as if it had originally formed part of the said Colony,

3. The provisions of the said Order in Council, of the 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.

R. E. W.

32959

SIB,

No. 279.

COLONIAL OFFICE to FOREIGN OFFICE. [Answered by No. 282.]

R. B. F.

Downing Street, December 4, 1890.

I AM directed by Mr. Secretary Chamberlain to woknowledge the mesipit of your letter of the 25th ultimo,* forwarding copy of a note from the Chinese Minister at this Court, protesting against the decision of Her Majesty's Government to refuss to allow the resumption of Chinese jurisdiction in the City of Kowloon.

2. Mr. Chamberlain presumes that Sir Lo Fong Luh has been again informad that the restoration of Chinese jurisdiction in Kowloon City is out of the question.

I am, &c.,

6. P. LUCAS.

• 30480; not printed.

+ No. 41.

• No. 277.

SAS

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