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Obligations which result therefrom as far as Great Britain is concerned.
Though the dominion of the soil of Macao is not to be vested in Portugal, the interest in that settlement which has been conceded to it by China is of such a nature as, in the opinion of the law authorities, to bring it within the scope of the Treaties by which Great Britain is bound to afford protection to the possessions of Portugal. But to enable a British authority to exercise jurisdiction in Macao, considered as a Portuguese Settlement, there would be required, not only the exequatur of the Crown of Portugal, but an Order of Her Majesty in Council, under the Foreign Jurisdiction Act, giving effect to the concession of the Portuguese Government under the 1st Article of the Treaty with England, by which the privileges conceded by Portugal to any foreign nation are agreed to be equally conceded to England. Such Order in Council would, again, imply a more extensive sovereignty of Portugal over Macao than Her Majesty's Government are prepared to acknowledge.
From what I have thus stated, you will perceive that Her Majesty's Government cannot but apprehend that a demand for exclusive jurisdiction over British subjects in Macao might lead to an embarrassing discussion not only with the Portuguese, but even with the Chinese Government, the consequences of which it is not easy to foresee.
Unquestionably, if the necessity for taking any decided line on the matter were very urgent, the risks to which I have alluded must be encountered; and it might, perhaps, be found possible to obviate one class of objections by maintaining, if any sufficient ground could be alleged for doing so, that Macao forms part of the port of Canton, and that the position of the Portuguese in Macao is essentially the same as that of Great Britain at Canton, Ningpo, Amoy, and other places, each enjoying jurisdiction over its own subjects, but each precluded from exercising jurisdiction over Chinese.
It is not, however, at first sight, evident that the altered footing on which British interests in China are placed by the events of the last few years renders it a matter of essential importance to question at the present time, and attempt to define the degree of interference which the Portuguese authorities at Macao should exercise over British subjects. Formerly, when a large portion of the British community in China resided at Macao, which was the only spot where they were allowed uninterruptedly to dwell, advantage might, perhaps, have resulted from securing to a British authority an exclusive right of jurisdiction over his countrymen.
No. 61, July 29.
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Her Majesty's Government, however, are not aware that the necessity for raising a question of this nature was at that time felt; and now that a British Settlement is formed in the immediate neighbourhood of Macao,* to which it is more than probable that the greater part, if not the whole, of the British mercantile houses heretofore established at Macao will, at no distant day, be transferred, the necessity would, at first sight, certainly appear to be in no way urgent.
The Ordinance No. 1 of the Legislative Council of Hong Kong, in the Superintendent's Series [reference to which will be made later on], removes any doubt as to the power of the Court of Hong Kong to take cognizance of offences committed in Macao; and it is doubtless convenient that such power should be vested in the Colonial Court by which it may deal with British offenders if they come within its acknowledged jurisdiction.
Upon a full consideration of all the circumstances of the case which Her Majesty's Government have had before them, they are disinclined to take any present steps for asserting jurisdiction in Macao. An observation in one of your recent despatches, by which it appears that the interference of a British authority in Macao is daily less required, tends to corroborate the opinion of Her Majesty's Government in preferring to suffer matters to remain, for the present at least, on the same footing as heretofore; and as they apprehend that in former times the chief British authority in China never assumed, when at Macao, to exercise their exclusive jurisdiction over British subjects, and therefore never came into collision on that point with the local Portuguese authorities, so now they would desire that the British Consular Agent at Macao should regulate his conduct by the same principles. But although such is the present view * Hong Kong.
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obligations which result therefrom as far as Great
Britain is concerned.
命里
Though the dominion of the soil of Macao not to be vested in Portugal, the interest in appears that settlement which has been conceded to it by China is of such a nature as, in the opinion of the Law authorities, to bring it within the scope of the Treaties by which Great Britain is bound to afford protection to the possessions of Portugal. But to enable a British authority to exercise jurisdiction in Macao, considered as a Portuguese Settlement, there would be required, not only the exequatur of the Crown of Portugal, but an Order of Her Majesty in Council, under the Foreign Jurisdiction Act, giving effect to the concession of the Portu- guese Government under the Ist Article of the Treaty with England, by which the privileges con- ceded by Portugal to any foreign nation are agreed to be equally conceded to England. Such Order in Council would, again, imply a more exten- sive sovereignty of Portugal over Macao than Her Majesty's Government are prepared to acknow- ledge.
an
"From what I have thus stated, you will perceive that Her Majesty's Government cannot but appre- hend that a demand for exclusive jurisdiction over British subjects in Macao might lead to an embar- rasing discussion not only with the Portuguese, but even with the Chinese Government, the conse- quences of which it is not easy to foresee.
"Unquestionably, if the necessity for taking any decided line on the matter were very urgent, the risks to which 1 have alluded must be encountered; and it might, perhaps, be found possible to obviate one class of objections by maintaining, if any sufficient ground could be alleged for doing so, that Macao-forms part of the port of Canton, and that the position of the Portuguese in Macao is essentially the same as that of Great Britain at Canton, Ningpo, Amoy, and other places, each enjoying jurisdiction over its own subjects, but each precluded from exercising jurisdiction over Chinese. "It is not, however, at first sight, evident that the altered footing on which British interests in China are placed by the events of the last few years renders it a matter of essential importance to question at the present time, and attempt to define
No. 61, July 29.
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the degree of interference which the Portuguese authorities at Macao should exercise over British subjects. Formerly, when a large portion of the British community in China resided at Macao, which was the only spot where they were allowed uninterruptedly to dwell, advantage might, perhaps, have resulted from securing to a British authority an exclusive right of jurisdiction over his country- Her Majesty's Government, however, are not aware that the necessity for raising a question of this nature was at that time felt; and now that a British Settlement is formed in the immediate neighbourhood
men,
of Macao,* to which it is more than probable that the greater part, if not the whole, of the British mercantile houses heretofore established at Macao will, at no distant day, be transferred, the necessity would, at first sight, certainly appear to be in no way urgent.
"The Ordinance No. 1 of the Legislative Council of Hong Kong, in the Superintendent's Series [reference to which will be made later on], removes
any
doubt as to the power of the Court of Hong Kong to take cognizance of offences com- mitted in Macao; and it is doubtless convenient that such power should be vested in the Colonial Court by which it may deal with British offenders if they come within its acknowledged jurisdiction.
"
Upon a full consideration of all the circum- stances of the case which Her Majesty's Govern- ment have had before them, they are disinclined to take any present steps for asserting jurisdiction in Macao. An observation in one of your recent despatches, by which it appears that the interference of a British authority in Macao is daily less required, tends to corroborate the opinion of Her Majesty's Government in preferring to suffer matters to remain, for the present at least, on the same footing as heretofore; and as they apprehend that in former times the chief British authority in China never assumed, when at Macao, to exercise their exclusive jurisdiction over British subjects, and therefore never came into collision on that point with the local Portuguese authorities, so now they would desire that the British Consular Agent at Macao should regulate his conduct by the same principles. But although such is the present view * Hong Kong.
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