CO129-115 - Sir MacDonnell - 1866 [9-10] — Page 142

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed
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141

Jurisdiction over narrow waters did not coincide completely with them, as in the Tymoon Sofs, which is the Strait through which passes nearly all the inter-island sea commerce of Hong Kong, which is not more than a rifle shot across. It has been contended by glimpses from vague and fugitive obiter dicta of writers on International Law, I fear that this will be conflicting opinions on the Bench here, and that an administration of the Law will sink in the estimation of the Chinese in proportion as its principles become unintelligible.

7. In such places the Chinese and English jurisdictions speaking broadly cease at the middle, as would be the case with a River, so that strictly Police could not pursue a Criminal beyond that central line. I do not believe that such is the Law, and, if it be, I do not believe it to be a Law either possible to observe here or politic to maintain. On the other hand, if there be nothing to guide us but imperfect analogies,

If Your Lordship looks at the Marine league line on the enclosed map, you will find that, if the Chinese Government were to exercise concurrent Jurisdiction over all waters within a Marine league from their own Coast, they could claim jurisdiction over a large portion of Victoria Harbour, were it not for the cession of Kowloon in October 1860, with a view to the maintenance "of Law and Order in and about the Harbour.

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141 Jurisdiction over narrow waters did not coincide completely with them, as in the Tymoon Sofs, which is the Strait through which passes nearly all the inter-island sea commerce of Hong Kong, which is not more than a rifle shot across. It has been contended by glimpses from vague and fugitive obiter dicta of writers on International Law, I fear that this will be conflicting opinions on the Bench here, and that an administration of the Law will sink in the estimation of the Chinese in proportion as its principles become unintelligible. 7. In such places the Chinese and English jurisdictions speaking broadly cease at the middle, as would be the case with a River, so that strictly Police could not pursue a Criminal beyond that central line. I do not believe that such is the Law, and, if it be, I do not believe it to be a Law either possible to observe here or politic to maintain. On the other hand, if there be nothing to guide us but imperfect analogies, If Your Lordship looks at the Marine league line on the enclosed map, you will find that, if the Chinese Government were to exercise concurrent Jurisdiction over all waters within a Marine league from their own Coast, they could claim jurisdiction over a large portion of Victoria Harbour, were it not for the cession of Kowloon in October 1860, with a view to the maintenance "of Law and Order in and about the Harbour.
Baseline (Original)
141 licion over nanov waters did not Jurisdiction colind completely them, as in the Tymoon Sofs, which is the Strait stringh which passes nearly all the itrese sear Commreice of hit which is not more than a rifle shot access. It has been continded by glimpses from vague and fugitive obiter dida" of writus on International Law, I fear that this will be conflicting opinions ot The Bench hure, and that an administration of the Law will sink in the estimation of the Chinese in proportion as its principles become mintilligible. Dow that 7. in such places the Chinese and English 1Jouisdictions be the case speaking beat or a an cease at the middle, as would with a River, so that strictly Police could not Junsud a Criminal beyond that central line. I do not believe that such is the Law, and, if it be, I do not belive it to be a Law richer siihen possible to observe here or politie to maintain. On the other hand, if there be nothing to guide us but imperfect If Your Lordship loasts at the Marine league line on the meloned trap ت you will find that, if the Chinese Garment concurrent Jenisdiction were to fuer about ca all waters siritim a Marine league from thur own Const, they could clann jurisdiction eve a large pation of Vieleira trouber, wow it not for the qualy of October 1860 ceding # Kowloon wich a view to the mamilenance. "of Saw and Order in and about the hambor Ост
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141

licion over nanov waters did not

Jurisdiction

colind completely

them, as in the

Tymoon Sofs, which is the Strait stringh

which passes nearly all the

itrese sear

Commreice

of

hit which is not more than

a rifle shot access.

It has been continded by

glimpses from vague and fugitive obiter

dida" of writus on International Law, I fear that this will be conflicting opinions

ot

The Bench hure, and that an administration

of the Law will sink in the estimation of the Chinese in proportion as its principles become mintilligible.

Dow

that

7.

in such places the Chinese and English

1Jouisdictions

be the case

speaking

beat or a

an

cease

at the middle, as would

with a River, so that strictly

Police could not Junsud

a

Criminal beyond that central line.

I do not believe that such is the Law,

and, if it be, I do not belive it to be a Law

richer

siihen possible to observe here or

politie to

maintain. On the other hand, if there be

nothing to guide us but imperfect

If Your Lordship loasts at the Marine league line on the meloned trap

ت

you will find that, if the Chinese Garment

concurrent Jenisdiction

were to

fuer

about ca all waters siritim a Marine league from thur own Const, they could clann jurisdiction

eve a

large pation of Vieleira trouber, wow it not for the qualy of October 1860 ceding

#

Kowloon wich

a view to the mamilenance.

"of Saw and Order in and about the hambor

Ост

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