TNAG-0445-FCO40-510-Discussions-with-Sir-Murray-MacLehose--Governor-of-Hong-Kong-1974 — Page 184

2

W k

!......

WHAT IS THE STATUS OF KOWLOON WALLED CITY?

2.

The Convention of Peking 1898 stated that "within

the City of Kowloon the Chinese officials now stationed .

there shall continue to exercise jurisdiction except so far as may be inconsistent with the military requirements

of the defence of Hong Kong". The difficulty arises

from interpretation of this provision. Because of

military requirements the British Government assumed

control over the Walled City by Order in Council in 1899.

On the other hand successive Chinese Governments have

maintained that it gave them residual rights in the

Walled City area.

[If absolutely necessary] The Hong Kong Supreme

Court held in 1959 that Chinese jurisdiction was merely

the jurisdiction appertaining to those officials stationed

within the City at the time and the use of the word 'now'

seems to contemplate the authority appertaining to an

individual rather than to an office of continuing nature'.

But this interpretation does not solve the practical

difficulty.

・

1.