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7083.

PU

RECORD OFFICE

Reference :-

C.O. 885

No. 472.

(Hong Kong.)

LAW OFFICERS to FOREIGN OFFICE.

MY LORD,

Lincoln's Inn, July 16, 1867. We are honoured with your Lordship's commands, signified in Mr. Hammond's letter of the 13th of July 1867, stating that with reference to our letters of the 15th of January and 21st of February,* on the subject of the extent of British jurisdiction over the waters in the neighbourhood of Hong Kong, he was directed by your Lordship to transmit to us a copy of a letter from the Colonial Office forwarding a further Despatch on the same subject from the Governor of Hong Kong, and he was to request that we would favour your Lordship with our opinion on the points raised by Sir R. McDonnell. The previous papers were enclosed for our information.

In obedience to your Lordship's commands we have taken this matter into con- sideration, and have the honour to

Report.

That the Despatch of Governor MoDonnell, and the plan accompanying it, contain material information not previously before us on the question of what neighbouring islands could be claimed as having formed part of the ceded territory of Hong Kong and Kowloon.

It now appears that Green Island and Kellet's Island are within the limits of the Harbour of Victoria as delineated on the Ordnance Map of 1845, and that this harbour' is alluded to in the convention of 1860, and is thereby recognised by the Chinese Government (as we understand) as a harbour belonging to the territory of Hong Kong. We think it will be right to presume that the limits of the harbour thus recoguised are those described in the Ordnance Map, and that consequently (indepen- dently of the other reasons urged in Governor McDonnell's Despatch) it will be right to hold that these islands form part of the ceded territory.

As to Aberdeen Island, it appears not only that a line drawn from cape to cape in the territory of Hong Kong would include nearly the whole of the island, but that the British Government has made grants and issued licenses for occupation of land within it, and otherwise assumed and exercised rights of absolute ownership over it, and that no doubt has hitherto arisen of its having passed by the cession of Hong Kong. We think that the fact of the island being situate within a line drawn from cape to cape in Hong Kong if not of itself conclusive of the right of the British Government thereto forms a strong ground for such a construction of the treaty as would include the island within the ceded territory, and the treaty of Nankin and convention of peace having now been acted on by both parties upon this construction for some years, we think Her Majesty's Government may properly continue to act on this construction, and assume (and in case of need insist) that not only Aberdeen Island, but all other islands or rocks included within or touched by lines drawn from cape to cape in Hong Kong or Kowloon, form parts of the ceded territory.

We have, &c. (Signed)

The Lord Stanley.

• Nos. 450 and 458.

JOHN ROLT. JOHN B. KARSLAKE. ROBERT PHILLIMORE.

0 16378.-105. 25.-5/86.

11 PUBLIC RECORD OFFICE, LONDON

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