CO129-365 - Governor Sir Lugard - 1910 [1-3] — Page 27

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under another. Mr. Jamieson's contention that the principle

of the surrender of fugitive underlies every Treaty is

supported by the Acting Attorney-General who considers

that Article 9 of the Tientsin Treaty involves "an obliga-

-tion by implication on the part of China to hand over a

British subject who commitda crime on British territory.

.

For since China has no jurisdiction to try and punish a

British subject for a erime committed in China (Article 16)

à fortiori she would have no jurisdiction to try and

punish a British subject for a crime committed in British

territory".

5.

With reference to the second

point. Is China compelled to recognise the status of Liang

Tou as being that of a British subject ↑ Kr. Chamberlain

says in the Despatch referred to that the Law Officers of

the Crown state that the inhabitants of the New Territories

are to be regarded as British subjects "inasmuch as

cession of territory effects a change in the nationality

of the inhabitants, and as the territory in question has

been ceded, and is now British territory, the fact that the

cession is for a term of years only does not affect the

conclusion that by the cession the inhabitants become for

that term British subjects". I am not aware whether the Chinese