CO129-115 - Sir MacDonnell - 1866 [9-10] — Page 234

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

233

to the British brown and much life that the existence of two rival or independent Jurisdictions in the same waters could be contemplated.

The Chinese Government were originally as much entitled to exercise exclusive dominion over the Lye Moon and other Sea Passes as Britain was over the St. George's Channel, Denmark over the Great and Little Belt and the Sound, or the Kingdom of the two Sicilies over the Straits of Messina, according to the rules laid down by Vattel (Cap. xxx) as to the Rivers. If therefore these rules are applicable to these Passes, it might be open to the Chinese Government to contend that, the Treaty being silent on the subject, her exclusive dominion over the Lye Moon was not ceded with the Island of Hong Kong, and at all events that the British Dominion and Jurisdiction over the Pass can only extend to a line drawn in the centre of it, although a common use might be conceded to both nations.

"Selden in his 'mare clausum' denies any distinction in principle between Seas and Rivers 'Immo ipsa flumina sunt maris minora, uti etiam paludes et lacus; quemadmodum mare ipsum aliud non est quam flumen, palus, lacus a caeteris quam magnitudine duntaxat (quantum ad fluorem) discrepans?' (Cap. 21).

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2 3 233 to the British brown and much life that the existence of two rival or independent Jurisdictions in the same waters could be contemplated. The Chinese Government were originally as much entitled to exercise exclusive dominion over the Lye Moon and other Sea Passes as Britain was over the St. George's Channel, Denmark over the Great and Little Belt and the Sound, or the Kingdom of the two Sicilies over the Straits of Messina, according to the rules laid down by Vattel (Cap. xxx) as to the Rivers. If therefore these rules are applicable to these Passes, it might be open to the Chinese Government to contend that, the Treaty being silent on the subject, her exclusive dominion over the Lye Moon was not ceded with the Island of Hong Kong, and at all events that the British Dominion and Jurisdiction over the Pass can only extend to a line drawn in the centre of it, although a common use might be conceded to both nations. "Selden in his 'mare clausum' denies any distinction in principle between Seas and Rivers 'Immo ipsa flumina sunt maris minora, uti etiam paludes et lacus; quemadmodum mare ipsum aliud non est quam flumen, palus, lacus a caeteris quam magnitudine duntaxat (quantum ad fluorem) discrepans?' (Cap. 21).

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2 3 233 to the British brown and much life that the existence of two rival or independent Jurisdictime Same waters could be over the over contemplated. The Chinese Government Originally were as much entitled to exerciso exclusive dominion over the Lye. Moon and other Sex Passes Grist Britain over the St. George's Channel Øv 0x Denmark over the Great and Little Belt and the Sound, or the Kingdom of the two Sicilies Stiants of mefaina, VA the Rules laist down. over the t. If therefore by Nattel (Cap.xxx) as to the Rivers be applicable to these Passes it might be open to the Chinese Government even to contend that the Treaty being silent on the subject, her excelusive dominion of the Lye Mom was not ceded with the Island of Hongking, and at all events that the British Dominion and Jurisdiction the Pass Pups in can only extend to a line drawn in the centre of it, although a Common use might be conceded to both nations. "Selden in his "mare clausum " denies amy distinction in principle between Seas and Rivers "Immo ip4N flunrina sunt maris minora, uti etiam paludes et lacus; quemadmodum mare ipsum aliud non est -flumen, palus, lacus a cateris ~ quam agnitudine duntaxat ( quantum ad fluorem) discrepans? (Cap. 21.

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233

to the British brown and much life that the existence of two rival or

independent Jurisdictime

Same waters could be

over the

over

contemplated.

The Chinese Government

Originally

were as much entitled to

exerciso exclusive dominion over the Lye. Moon and other Sex Passes

Grist Britain over the St. George's

Channel

Øv

Denmark over the Great

and Little Belt and the Sound, or the

Kingdom of the two Sicilies

Stiants of mefaina, VA

the Rules laist down.

over

the

t. If therefore

Nattel (Cap.xxx)

as to the Rivers be applicable to these

Passes it might be open to the Chinese Government

even to contend that the

Treaty being silent on the subject, her excelusive dominion of the Lye

Mom

was not ceded with the Island of Hongking, and at all events that the British Dominion and Jurisdiction the Pass

Pups

can only extend to a line drawn

in the centre of it, although

a Common

use might be conceded to both nations. "Selden in his "mare clausum "

denies

amy

distinction in principle

between Seas and Rivers "Immo ip4N

flunrina sunt maris minora, uti etiam paludes et lacus; quemadmodum mare ipsum aliud non est -flumen, palus, lacus a cateris ~

CO129-115 - Sir MacDonnell - 1866 [9-10] — Page 234

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