CO129-546-11 Kowloon city- expropriation of Chinese owned land 9-1-1934 - 28-12-1934 — Page 3

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that claim might be put forward, namely the

"understanding" in the Convention of 1898

"that there will be no expropriation or

expulsion of the inhabitants of the district

included within the extension

TI As Mr.Gent

•

pointed out in his minute of 26/8/33 on 13832/33,

the occasions on which villagers within the

leased territories have been displaced to make

room for public works have not been regarded as

breaches of the Convention of 1898.

The claim of the Chinese Government is

implicit in the following extract from the note

from Wai Chiao Pu to His Majesty's Minister

Nanking Sub-enclosure to 5 on 13832/337:

"Since in accordance with the Convention

the City of Kowloon remains under the jurisdiction

of Chinese Officials then Chinese persons living

within the City naturally have the right to

reside freely there. The present order of the

Hong Kong Government constraining residents

within the City to remove in a body conflicts

both with the explicit text of the Convention

and the original intention at the time of its

conclusion

...

TI

Our case is this:

(i) The third Section of the origin:1

Convention reserved jurisdiction within Kowloon

City to the Chinese Officials stationed there

"except in so far as may be inconsistent with the

for

military requirements of the defence of Hong

Kong".

(ii)