A
15'
POSITION OF LEASED TERRITORY IN CHINA
DARING WAR.
In China, various Powers hold or have held lenses of
territory from the Chinese Government. The principal existing
examples are the Hong Kong leased territory and Dairen, leased
to the Japanese. The latter was formerly comprised in the
leased territory of Port Arthur in favour of Russia, and taken
over by the Japanese after the Russo-Japanese War. There used
also to be Kiauchau, leased to the Germans, and also Wei-hai-wei,
leased to the (mited Zingdom. Both the latter were restored to
China after the war.
The question which arises with this type of leased territory is where the sovereignty lies during the term of the lease.
Strictly speaking, it should be held to remain with the lessor.
Otherwise a lease would be indistinguishable from an out-and-out
cession. In point of fact, there can be little doubt that the
strictly theoretical sovereignty does remain with the lessor.
For instance, the Convention of 1898, which effected the Hong
Kong lease, made no provision for any re-transfer to Chinese
sovereignty at the end of the 99 years term, and it is quite clear
on the face of the Convention that the leased territory will
automatically revert to China when the term is up, unless some
contrary arrangement is arrived at. Therefore, it is not a case
of a cession coupled with an obligation to re-transfer at the end
of the period. If it were, there would be no question but that
the sovereignty was with the lessee, only he would be obliged to re-cede the territory at the end of so many years. As it is,
there is no question of any re-transfer, there is a genuine lease,
at any rate on paper, the residual sovereignty, so to speak,
remains in the lessor, and, when the term is up, he automatically resu es full control, without the necessity for any special
instruent/
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