CO129-546-11 Kowloon city- expropriation of Chinese owned land 9-1-1934 - 28-12-1934 — Page 2

1. Gov. Conf.

9 Jan.

34.

twas. 2 copics of plano, together with general obsons, &

proposed schemes for

compensation of displaced 'owness!'

The crux of the question at issue is

summed up in the last paragraph of the Governor's

despatch in these words:

to

•

the Chinese Government is concerned

or

with the rights which china conceives herself still to

retain under the Convention" signed at Peking

9.6.1898 vide page 293-4 Hertslets Treaties

Vol. XXI and until this issue is disposed of it

seems inadvisable to display a more conciliatory

attitude, even though based on quite different grounds.

For the same reason it seems inadvisable to postpone

the scheme and renew the leases of the property

affected.'

The proposition contained in the last

sentence may be open to the objection that until it

is decided whether or not the Hong Kong Government

has the right to compel the "owners" of the property

concerned within Kowloon City to evacuate that

property, it would be tantamount to prejudging the

main issue to attempt to compel or induce them to do

It may in fact be necessary to postpone the

scheme until the main question has been disposed of.

The main question is

So.

What rights has China under the Convention of

1898 read in conjunction with the Orders in Council of

the 20th October, 1898, and the 27th December, 1898,

pages 589-590 Hertslets Treaties Vol. XXI_7?

Before examining the actual grounds on which

the claim of the Chinese Government is based, it is

necessary to dispose of the alternative basis on which

that