CO129-568-9 Chung Chi Cheung- petition to appeal against decision of Hong Kong court 7-1-1938 - 28-12-1938 — Page 46

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born in the leased territory.

The Order in Council of the 20th of October,

1898, which was passed in consequence of a convention

under which the lease was granted provided as follows:-

"The territories within the limits and for the

term described in the said Convention shall be

and the same are hereby declared to be part and

parcel of Her Majesty's Colony of Hong Kong

in like manner and for all intents and purposes

as if they had originally formed part of the said

Colony",

On the 27th of September, 1899, the Law

Officers advised as follows:-

"(1) That the persons inhabiting the new territory

who were before the cession Chinese Subjects are

to be regarded as British Subjects for all

purposes as from the 16th April last.

Cession

of territory effects a change in the nationality

of the inhabitants. This territory has been

ceded; it is British territory, and the fact

that the cession is for a term of years only

does not affect the conclusion that by the

cession the inhabitants become for that term

British Subjects.

(2) Persons born in the territory during the

continuance of the Lease must be regarded as

British Subjects."

It is true that this opinion was based on

the law previous to 1914, which made the test as to

whether a person was a natural born British subject

dependent upon birth within His Majesty's allegiance

not