CO129-176 - Public Offices & Others - 1876 — Page 357

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

whereas possession, Hong Kong was given up to Great Britain by Treaty, is considered by China, as a foreign Port. In the existence of such a suffered difference, Lord Derby is very sorry that he finds it impossible to agree to the proposition of H.M.'s Govt for a common action in respect to the subject of the controlling authority of the Chinese Govt over Hong Kong & Macao.

Lord Derby's Note, and I faithfully in "résumé", contains certain statements. I feel bound to correct, since the Govt have grounded upon them the reason of its refusal to my proposition of the 22nd July last.

There is no doubt that the Treaty, according to which possession of Hong Kong is given to Great Britain, has already been sanctioned by Govt; that the Treaty between Portugal & China, holding the right of Sovereignty on the part of the Crown over Macao, after discussion of acceptance of its terms, has not yet obtained the Ratification expected, - this arising from the fact that certain difficulties in the interpretation of some supplementary Clauses have delayed the definitive settlement of this business.

Govt cannot certainly maintain that the existence of a Treaty should always be a condition sine quâ non for the existence of a certain right or the acknowledgment thereof by any other Govt. Any facts purporting action, however indirect it be, or declarations coming in official character from superior Authorities, who implicitly confirm it, are titles as to the existence of such a right which cannot be contested. It frequently happens that the object of a Treaty is simply restricted to establish in a solemn form an already existing & acknowledged right, or to previously repeat statements already made in official documents.

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whereas possession, Hong Kong was given up to Great Britain by Treaty, is considered by China, as a foreign Port. In the existence of such a suffered difference, Lord Derby is very sorry that he finds it impossible to agree to the proposition of H.M.'s Govt for a common action in respect to the subject of the controlling authority of the Chinese Govt over Hong Kong & Macao. Lord Derby's Note, and I faithfully in "résumé", contains certain statements. I feel bound to correct, since the Govt have grounded upon them the reason of its refusal to my proposition of the 22nd July last. There is no doubt that the Treaty, according to which possession of Hong Kong is given to Great Britain, has already been sanctioned by Govt; that the Treaty between Portugal & China, holding the right of Sovereignty on the part of the Crown over Macao, after discussion of acceptance of its terms, has not yet obtained the Ratification expected, - this arising from the fact that certain difficulties in the interpretation of some supplementary Clauses have delayed the definitive settlement of this business. Govt cannot certainly maintain that the existence of a Treaty should always be a condition sine quâ non for the existence of a certain right or the acknowledgment thereof by any other Govt. Any facts purporting action, however indirect it be, or declarations coming in official character from superior Authorities, who implicitly confirm it, are titles as to the existence of such a right which cannot be contested. It frequently happens that the object of a Treaty is simply restricted to establish in a solemn form an already existing & acknowledged right, or to previously repeat statements already made in official documents.
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whereas possession, adoreas Hongthong was given ap to Great Britain by av far by Treety, of is considered by China, av Custom Duties are conserved, as a forcija Port. In the existence of such a suffered difference, Lord Serly is very sorry that he finds it imposible to agree to the proposition of Hill's Goot for a common action in respect to the subject of the controlling authority of the Chinese fout erregende trong không quote لیکم & Macao. wh Lord Derby's Note, and I faithfully in "résumé", contains certain statements. I feel bound to correct, since the 70. hav grounded upon them the reason of its refusal to my proposition of the 32nd July last. There is no doubt that the Treaty, according to not possession ofthonypony, is given A great Britain, has already been sanctioned by Gostiv * that the Jeeaty the Chinese between Portugal 352 of China asthanolding the right of Sovereignty on the part of the Crown Актраторит over lacas, efter discussion of acceptance of its clencer, has not yet obtained the Ratification expected, - this arising from the fact that certain difficulties in the interpretation of come supplementary Clauses have delayed the definitive settlement of this business. Gort cannot certainly maintain that the existence of a Treaty should always be for the existence of A.B. lis. a condition "Kine quâ a certain right or the acllnowledgment derest by any other Govt. - Any facts purporting action, Lowever indirect it be, or declarations an who coming in official character from experior Authors, who implicitly confirm it, are titles as to the of euch a right of cannot be contrated. It frequently happens that the object of a Treaty existence an Form is simply restricted to extablish in a solemn form - already existing & acknowledged right, or to Canto previmely repeat statements & previsualy made in official documents, 10
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whereas

possession, adoreas Hongthong was given ap to Great Britain by

av far

by

Treety, of is considered by China,

av Custom Duties are conserved, as a

forcija

Port. In the existence of such a suffered difference, Lord Serly is very sorry

that he finds it imposible to agree to the proposition of Hill's Goot for a common action in respect to the subject of the controlling authority of the Chinese fout erregende trong không

quote

لیکم

& Macao.

wh

Lord Derby's Note, and I faithfully

in "résumé", contains certain statements.

I feel

bound to correct, since the 70. hav

grounded upon

them the reason

of its refusal to

my proposition of the 32nd July last.

There is no doubt that the Treaty,

according to not possession ofthonypony, is given A great Britain, has already been sanctioned by

Gostiv

* that the Jeeaty

the Chinese

between

Portugal

352

of China asthanolding the right of Sovereignty on the part of the Crown Актраторит

over lacas, efter

discussion of acceptance of its clencer, has not yet obtained the Ratification expected, - this arising

from the fact that certain difficulties in the interpretation of come supplementary Clauses have delayed the definitive settlement of this business.

• Gort cannot certainly maintain that the existence of a Treaty should always be for the existence of

A.B. lis.

a condition "Kine quâ

a certain right or the acllnowledgment derest by any other Govt. - Any facts purporting action,

Lowever indirect it be, or declarations

an

who

coming

in

official character from experior Authors, who implicitly confirm it, are titles as to the

of euch a right of cannot be contrated. It frequently happens that the object of a Treaty

existence

an

Form

is simply restricted to extablish in a solemn form - already existing & acknowledged right, or to

Canto previmely repeat statements

& previsualy made in official documents,

10

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