CO129-560-17 Kowloon- expropriation of Chinese property 6-1-1937 - 4-9-1937 — Page 104

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authorities of Hongkong, I beg to refer to their decision of most recent date, as mentioned in the Ministry's memorandum of November 28, that the evacuation should be completed by the end of the year. As to the alleged acceptance by the inhabitants of the terms offered by the Governor, it is at least open to doubt in view of the petitions they addressed repeatedly both to this Ministry and to our Commissioner at Canton, imploring protection of

their legitimate interests.

With regard to treaty stipulations, it will be readily seen, even after a cursory examination of the Con- vention of June 9, 1898, that the measures contemplated by the Hongkong Government are irreconcilable with the provisions of the said Convention, as it is clearly not within the competence of British Authorities to exercise jurisdiction in the city of Kowloon which is expressly reserved for the

Chinese officials.

On the part of the colonial authorities, it might be contended that their assumption of jurisdiction was based on the Order in Council of December 27, 1899 declaring the city of Kowloon to be part and parcel of the Colony of Hongkong. Without delving into the argument that the exercise of jurisdiction by the Chinese officials in the city of Kowloon was inconsistent with the military requirements for the defence of Hongkong and the circumstances under which the Chinese officials were ousted from the said city and control over it was taken by the British Government not- withstanding the repeated protests of the Chinese Government, I cannot resist the conclusion that the Order in Council

referred to does not seem to rest on sufficient legal grounds in the light of the Sino-British Convention of 1898.

At a time when Sino-British friendship is daily increasing and the relations of the local authorities at

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