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All the islands situated within those boundaries are within the leased area, as are all the waters of Mirs Bay and Deep Bay."

That from the maps which accompanied the reference from your department it would be seen that a considerable area of land both in Mirs Bay and Deep Bay was exposed at low- water, so that the question of the ownership of the foreshore was of material importance.

That Mr. Lucas was to request that we would take the papers into our consideration and favour you with our opinion on the following points :---

1. Did the Convention of 9th June, 1898, as further defined in respect of the boundaries therein by the memorandum of 19th March, 1899, give to Her Majesty's Government any foreshore rights in Mirs Bay and Deep Bay? Or

2. Were the rights of Her Majesty's Government restricted to the user of the waters of those bays up to the line of high-water mark, subject to the retention of a right of user by the Chinese Government for their vessels of war (a) when China was at peace: (b) when she was at war with a Power other than Great Britain ?

3. Generally.

We have taken the matter into our consideration, and, in obedience to your commands, have the honour to

Report—

That the Convention of 19th June, 1898, in our opinion, gives to Her Majesty the right to the whole foreshore in Mirs Bay and Deep Bay. The memorandum of 19th March, 1899, traces the northern boundary of the territory leased to Great Britain along the line of high-water mark in Mirs Bay from the meridian of 114° 30′ E., and the Proclamation" enclosed in the Governor's despatch of the 15th April, 1899, states that the boundary follows the high-water mark along the coast of Deep Bay to the meridian 113° 52′ E. The Convention itself states that the area leased to Great Britain, as shown on the annexed map, includes the waters of Mirs Bay and Deep Bay.

It appears to us that the term "the waters of Mira Bay and Deep Bay" must include the ground covered by the waters of these Bays, and that no distinction can be drawn between the foreshore and the soil of the bays below low-water mark. This appears to us to follow from the fact that the boundary is traced along high-water mark. British sovereignty under the lease extends to high-water mark in these bays. Of course, it is conceivable that there may be on the foreshores in question-as on the rest of the ceded territory-rights of private property, and possibly also rights of access over the Chinese territory above high-water mark, which will require consideration before any fresh rights are granted.

1024

SIR,

No. 288.

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

(Confidential.)

(Received January 8, 1900.)

[Copy to Foreign Office, January 23, 1900. L.F.]

Government House, Hong Kong, December 8, 1899. I HAVE the honour to inform you that in obedience to the instructions received from you by telegraph on the 3rd ultimo,* the troops have been withdrawn from the upper portion of Sham Chun Valley, and are now encamped within the borders as delimited by Mr. Stewart Lockhart and Commissioner Wong,

2. I attach a copy of the instructions given by me when the occupation was first effected, and also a copy of a letter received from Major-General Gascoigne, C.M.G., which shows how well and successfully those instructions have been carried out. Major Prendergast, R.E., has shown exceptional aptitude for dealing with the Chinese, and has carried out duties sometimes difficult, with great tact and firmness. On the final removal of the troops, the Elders of the villages waited upon him, and the troops marched off amid expressions of goodwill, and regret at their departure. I agree with Major-General Gascoigne in attributing this friendly attitude largely to the manner in which Major Prendergast carried out his duties during the occupation, and I shall be glad if you will bring his name under the notice of the Military Authorities.

3. The town of Sham Chun lies half a mile north of the river, the north bank of which forms the boundary of the New Territory. It and Namtao are the ports of entry for the Tung-Kun district north of Sham Chun Valley. Before our occupation launches plied twice a week between Hong Kong and Sham Chun. When we with- drew, there were two launches running daily, which shows the effect of security upon the expansion of trade.

I have, &c.,

HENRY A. BLAKE,

Governor, &c.

The Right Honourable Joseph Chamberlain, M.P.,

&c.,

34997.

(No. 2.) SIR,

&c.,

&c.

No. 287.

We have, &c.,

RICHARD E. WEBSTER, - ROBERT B. FINLAY.

MR. CHAMBERLAIN to GOVERNOR SIR H. A. BLAKE. [Answered by No. 305.]

Downing Street, January 4, 1900. I HAVE the honour to acknowledge the receipt of your despatch No. 327, of the 15th of November,† in which you state that it is intended to pay for the sugar mills to be introduced into the New Territory from Colonial Funds in the first instance, so that they can be lent to the Chinese with a view to ultimate sale if found satisfactory by them.

I shall be glad to learn what expense will probably be incurred in carrying out this project and whether it is to be met out of the vote for $10,000 on account of ex- nenses in connection with the New Territory under the head of "Miscellaneous Services" in the Estimates for 1900.

I have, &c.,

J. CHAMBERLAIN.

SIR,

Enclosure 1 in No. 288.

Governor Sir H. A. BLAKE to Major-General GASCOIGNE.

Government House, May 15, 1899.

I HAVE received a letter from Her Majesty's Government directing me to occupy Kowloon City and Sham Chun effecting the object if possible by an overwhelming dis- play of force and avoiding bloodshed. But Sham Chun is not to be occupied unless you are satisfied that you are in a position to hold it for the present with the force already at your disposal.

In one of two telegrams, to both of which allusion is made in the telegram con- veying the above instructions, I had suggested that if we went beyond the river we should occupy the Sham Chun valley to the hills, adding that if the valley is to be held you would require another regiment. In the next I advocated confining our occupation to Sham Chun and stated after conversation with you that you were prepared to hold that position with your present garrison.

The expression "for the present" in my instructions presents to my mind an element of uncertainty as to the wishes of Her Majesty's Government, and I have tele- graphed for further instructions as to whether it is desired that we shall take the valley to the hills.

I have the honour to request that you will make arrangements to carry out the operation as agreed between us, of sending 100 men to occupy Kowloon and 2,000 men

⚫ 30386/8, not printed; see No. 270.

Enclosure & in No. 159.

† No. 284.

638

* B

PUBLIC RECORD

OFFICE

Reference :-

TPIEC.O. 882

PUBLIC RECORD OFFICE, LONDON

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