CO129-560-17 Kowloon- expropriation of Chinese property 6-1-1937 - 4-9-1937 — Page 77

statements do not tally fully with the actual facts.

Setting

aside the question of the time limits fixed earlier by the

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 Convention 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 competance 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 notwithstanding 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