CO129-546-11 Kowloon city- expropriation of Chinese owned land 9-1-1934 - 28-12-1934 — Page 90

to Adus

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In any further communication

on this subject, please quote

No. F 1099/1099/10

and address-

not to any person by name.

but to-

The Under-Secretary of State,''

Foreign Office,

London, S.W.1.

W.O

2.

مجھے

FOREIGN OFFICE.

S.W.1.

9th March, 1934.

3

90

Sir,

REGY

7

I am directed by Secretary Sir John Simon to

refer to your letter No. 33744/34 of the 26th February

last enclosing a copy of a despatch from the Governor of

Hong Kong on the subject of the proposal to expropriate

certain Chinese owners of property in Kowloon City.

2. Sir John Simon is advised that there are three

possible grounds on which it could be argued that the

present and future exercise by His Majesty's Government

of jurisdiction in Kowloon City is justified. In the

first place it might be possible to establish that the

exercise of Chinese jurisdiction is still inconsistent

with the military requirements for the defence of Hong Kong.

Sir John Simon however is not aware to what extent support

could be found in local conditions for this argument.

Alternatively it might be argued that paragraph 3 of the

Convention of 9th June, 1898, did not require a continuing

state of necessity for British jurisdiction on grounds of

military requirements but that, the original assumption

of jurisdiction being clearly justified, His Majesty's

Government were thenceforward entitled to continue to

exercise that jurisdiction. It seems however doubtful

whether on the strict wording of paragraph 3 this argument

could be established. The third ground is that a

prescriptive right has been established for the exercise of

British

тип

The Under Secretary of State,

Colonial Office.

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