12.
And the effect of the cession is, it is submitted, so far as the reading Down is concerned, the same as if, by the instrument of cession, the Jurisdiction had been expressly given to the other Power, and as no foreign Power can contest the Jurisdiction, it can be exercised without question over the portion of sea instanced. It may be that the effect of the cession is only to give common, concurrent, Jurisdictions, with the granting Power, over this portion of the sea, and not exclusive Jurisdiction, but this is immaterial so long as Jurisdiction, either exclusive, or concurrent, exists in the other Power.
To apply these observations to the case of the Lye moon Passage, or Strait, an arm of the sea, forming one of the entrances into the Harbor of Hongkong; having on one side, the Island of Hongkong, and on the other, the Mainland of China; and the waters being narrow where the three miles cannot run, from the British Territory of Hongkong, without encountering the shores of the Mainland of China, or some Island of its Islands, it is only necessary to look, firstly, at the Treaty of Nanking by the third Article of which the Island of Hongkong is ceded to Her Britannic Majesty, and to be governed by such Laws and Regulations as Her Majesty shall see fit to direct, and, secondly, at the "Convention of Peace," signed at Peking on the 25th October 1860, the sixth article of which provides for the cession of a portion of Kowloon, with a view to the maintenance
Page 150
Page 151
149
12.
And the effect of the cefsion is, it is submitted, so far as the reding Down is -
concerned, the same as
es if, by the instrument
of rfion, the Jurisdiction had been exposely
no other
& to the aher Paver, and as no
a firemed
Malien
can contest the
Jasrisdiction, it can be
concised winhout question
the
of
the Portion of
sea instanced. It may be that the effect
"The cefsion is only to give
common,
concurent, Jurisdicions, wish the granting
over
Bower, own this Bortion of the
this Partion of the sea, and not exclusive Jurisdiction, but this is immatural
Do
• long as Jerrisdiction, either coclusive, or
concurrent, exists in the other Power.
Po
apply
chese observations to the case
of the Lyse mnoon Dosage,
sea, or shait,
anatm.
arm of the
forming one of the entrances into
}
the Harbor of Hengsteng;
the
and having
m
one side, the Sland of Hengtheng, and on
the ochen, the Mainland of China; and the
oihu
narrow waters where the three miles
cannot run,
from the British Perritory of
Hougtong, wishent encountering the shores of the Mainland of China, or some
stawiŁAWI
of its Islands, it is only new pary to look, firstly,
ал
the Treaty of Naustin by the third Article of which the Bland of Hongthing is ceded to An Britanie Majesty, and to be grunned
and
"Ty such Laws
Regulations aster Majestyjo shal su fit to direct, and, secondly,
the "Convention of Peace," signed at Bestin
an
al
the 25th October 1860, the sixth article of
which provides for the resion of a portion
#
of Newlom, reich a view to the mainterance
OCE
Page 150Page 151
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