CO129-580-6 New Territories 6-1-1939 - 16-8-1939 — Page 18

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SECRET.

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Colonial Office Committee on Post-war Problems.

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EXTRACT from a Memorandum on questions relating to frontiers between British and foreign Colonial territories' prepared for the Committee by Mr. Cowell,

(Circulated to the Committee as C.P.P.58(14).

The New Territories of HODE KODE •

The

35. The Colony of Hong kong includes three areas which were acquired at different dates and in different circumstances. Island of Hong Kong was ceded to Great Britain in 1841, the cession being confirmed by the Treaty of Nanking in 1842, which etsted the grounds of the cassion as "to allow dritish subjects to careen and refit their ships when required, and keep atores for the purpose. In 1860 the peninsula of Kowloon was ceded by treaty, with certain adjacent islands, "with a view to the

量

maintenence of law and order in and about the harbour of Hong Kong." These two areas together only amounted to some 30 to 40 square miles; but in 1898 an agreement was concluded with the Chinese Government for the extension or Hong Kong territory by an area adjoining Kowloon, and including Mirs Bay and Deep Bay and a number of islands, amounting in all to some 389 aquare miles. The grounds cited for the extension were "the proper defence and protection of the Colony". The area was leased for a period of 09 years.

36. The legal position in the leased area has been the subject of speculution, but has never been authoritatively decided, The legal position of the leased area (the New Territories) was the subject of report by the Law Officers of the 7th epteraber, 1899, in which they gave an opinion on the following questions from the Colonial office:-

(1) hether the persons inhabiting the New Territories at the date of the cession (sic) who were then Chinese subjects wore to be regarded as British subjects for all purposes as from the date the territory was definitely taken over.

(2) Shether persons born in the New Territories during the continuance of the Lease (sic) were to be regarded us British subjects.

The Law officer: reported as follows:-

"(1) That the persons inhabiting the New Territories who were before the session Chinese subjects are to be regarded as British subjects for all purposes as from the date the territory was takenTA over. Cession of territory effects a change in the nationality or the inhabitants.

it ie British This territory has been coded; territory, and the fset that cession is for a term of years only, does not affect the conelusion that by the cession the inhabitants became for that term British subjects.

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