4
(ii) Shortly after the signing of the Convention
the British Government decided that it was
"inconsistent with the military requirements of the
defence of Hong Kong" that the Chinese should retain
any jurisdiction within Kowloon City.
(iii) The Chinese Government was informed of
this decision (which did not conflict with the
the original agreement as reflected in the
Convention) by the Foreign Office note of 30th May,
1899 vide paragraph 5 of the Memorandum u/c
7 on 13832/33 and Mr. Gent's Minute of 26.8.33
idem_7, and the decision was made effective by the
Order in Council of the 27th December, 1899, in the
following words:
"And whereas the exercise of jurisdiction by
the Chinese Officials in the City of Kowloon having
been found to be inconsistent with the military
requirements for the defence of Hong Kong it is expedient
that the Chinese Officials within the
City of Kowloon should cease to exercise jurisdiction
therein, and that the said City of Kowloon should
become part and parcel of Her Majesty's Colony of
Hong Kong for all purposes during the continuance of
the term of the lease in the said Convention
mentioned."
(iv)
The Chinese Government at the time did not,
apparently, contest the propriety of the
adopted by Her Majesty's Government, nor has it
apparently been contested until now.
(v) The basis of the present claim of the Chinese
Government is unsound insofar as it ignores the
steps recorded in (ii) (iii) and (iv) above.
? (a)
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