CO129-504-4 Fong Saw- claim to be a British subject 12-3-1927 - 14-6-1927 — Page 4

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prospective factamenting candidat`).

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3075727

The Order in Council for 20th October, 1898

declared the new territories to be part and parcel

of the Colony of Hong Kong "in like manner and for all

intents and purposes as if they had originally formed

part of the said Colony".

Hong Kong was ceded to Great Britain in

1841, and the oession was confirmed by the Treaty

of Nanking in August, 1842. It would, therefore,

appear possible to contend that any person born in

the new territories since the latter date was under

the Order in Council declared to have become a

British subject as from the 20th of October, 1898, whether he was actually present in the territories

that date or not.

The Convention of 9th June, 1898 is silent as

to any change of nationality resulting from the lease

of the new territory, but when we consulted the Law

Officers in 1899 it was apparently contemplated that

the Order in Council of 1898 was to be read subject

to principles which 'in international law or practice

have been applied to change of nationality of the

inhabitants in other cases of cession.

The question put to the Law Officers and

their answer in 1899 was, therefore, restricted to

"persons inhabiting the new territory" when it was

taken over. It may perhaps be inferred that natives

of that territory who were not resident there at the

crucial