**
General
June 18
21119
228
Canada General...
June 29
23043
Russo-Japanese War: Russian regulations in
regard to Naval Prizes.
Remedy of the subject against the Crown in those parts of His Majesty's Dominions iu which the Common Law of England does not prevail.
Lease of certain areas in the Protectorate.
+
Proposed annexation of Sombrero Island to
the Leeward Islands.
28491 Conduct of the inhabitants of British Pro- tectorates during hostilities between Foreign States-Draft Order-in-Council.
928A
East Africa Pro-
tecterate.
July 6
27555
229
Leeward Islands
990A
General
July 26
August 12
20344
230
Federated States.
Malay
August 15
28744
231
Transvaal
August 15
28745
231A Canada
August 15
31501
232 Ditto
August 18
201-20
233
General
August 18
32637
234
Ditto
October 4
34559
235
Ditto
October 15
34111
236
Australia
November 9
38442
237
General
November 25
40564
238
Inter-Colonial Council: Trans- vaal and Orange River Colony — Central
December 27
South
African Railways.
43544
Pier at Port Dickson: Construction of contract between the Sungei Ujong Railway Com- pany and the Government.
Nationality of the children of Mr. Van
Diggelen.
Russo-Japanese War: transmission of cypher telegrams by belligerents over neutral cables.
Remedy of the subject against the Crown in those parts of His Majesty's Dominions in which the Common Law of England does not prevail: Petition of J. O. Fournier. Status of persons of British origin resident in
Turkey.
Prohibition of sugar-sweetened products con-
taining bounty-fed sugar.
Russian war vessel "Burni": how to deal with the officers and crew interned at Hong Kong.
Effect of the Immigration Restriction Act, 1901, upon British Treaties under the Mer- chant Shipping Act.
Supply of coal by British vessels to the Russian fleet: whether proceedings should be taken against the "Roddam,"
Machadodorp - Ermelo Railway Agreement : construction of Article XV, of the Inter- Colonial Council South Africa Order-in- Council, 1903.
SIR,
K
No. 1.
(HuNG KONG.)
LAW OFFICERS to COLONIAL OFFICE.
Royal Courts of Justice,
January 1, 1900.
We were honoured with your commands signified in Mr. C. P. Lucas's letter of the 19th ultimo, stating that he was directed by you to transmit to us a despatch (with enclosures) from the Governor of Hong Kong, dated 6th October, which raised the question of the ownership of the foreshore of Mirs Bay under the Convention between the United Kingdom and China respecting an extension of the territory of Hong Kong, signed at Pekin on the 9th June, 1898.
That the question had arisen owing to an application to the Government of Hong Kong by one Pun Sik Man for permission to erect a pier on the foreshore of Mirs Bay, and that that application involved a number of subsidiary points of title, &c., which were dealt with at some length in the enclosures to the Governor's despatch, but did not materially affect the main substance of the reference to us, however, that Pun Sik Man's request was only the forerunner of other applications of a That it was probable, similar kind, and that as there was a divergence of opinion locally as to the rights of Her Majesty's Government under the Convention not only in Mira Bay, but in Deep Bay, it seemed to be desirable that an authoritative decision should be obtained for the future guidance of the Government of Hong Kong.
That the clause in the Convention dealing with the subject would be found on page 2 of the enclosed print of that document, and ran as follows:-"The area leased to Great Britain, as shown on the annexed map, includes the waters of Mirs Bay and Deep Bay, but it is agreed that Chinese vessels of war-whether neutral or otherwise-shall retain the right to use those waters."
That it would be observed that the preamble to the Convention stated that the exact boundaries should be fixed subsequently, when proper surveys had been made by officials appointed by the two Governments. That the result of that further delimitation was contained in the memorandum referred to in Mr. Stewart Lockhart's letter to the Governor of Hong Kong, which would be found on page 4 of the Hong Kong Blue Book. That the opening words of the memorandum, which was dated 19th March, 1899, and was signed by Mr. Stewart Lockhart and Wong Tsun Shin, for the British and Chinese Governments respectively, were to the following effect: The northern boundary commences at the point of high-water mark in Mirs Bay where the meridian of 114° 30′ East cuts the land and follows that high-water mark to the point marked with a peg immediately to the west of the market town locally known as Tung Wo Hii, and sometimes called 'Shat 'aukok.'" almost in the words of the Convention, that "The waters of Mirs Bay and Deep Bay That later on, in the same memorandum, it was stated, are included in the area leased to Great Britain."
That subsequently to the signature of that memorandum, the Governor of Hong Kong issued a Chinese proclamation (see English text on page 21 of Hong Kong Blue Book). That the boundaries of the new extension of British territory were therein stated as follows (so far as related to the subject of the reference to us) :-"The northern boundary commences at the point of high-water mark in Mirs Bay where the meridian of 114° 30 East bisects the land and follows that high-water mark to a point immediately to the west of Shat 'aukok.
From the mouth
of the Sham Chun River the boundary follows the high-water mark along the coast of Deep Bay till the point where the meridian of 113° 52′ bisects the land.
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
4524-25-1,1900 Wt 439 D & S
8
PUBLIC RECORD OFFICE
C.O.
Reference :-
885
15 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
2
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