TNAG-0776-FCO40-980-Kowloon-Walled-City-and-aircraft-safety-in-Hong-Kong-1978 — Page 11

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British Occupation of the Walled City

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In April 1899, after having taken possession of the New Territories, Britain requested the complete withdrawal of Chinese troops and officials stationed inside the Kowloon Walled City. Faced with delaying diplomatic tactics by the Chinese Government, British troops were ordered to, and did occupy the Walled City on May 16 (6), and thereafter, all Chinese officials eventually withdrew.

By the Order-in-Council of December 27, 1899, the cessation of Chinese jurisdiction and the assumption of British control over the Walled City, "as if it had originally formed part of the said Colony" was declared (7).

China's position vis-a-vis Article IV

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The British occupation of the Walled City was followed by protests from the Ching Government, whose argument was that "the conduct of affairs within the City of Kowloon should, in accordance with the provisions of the Convention, be administered by Chinese officials." (8)

In connection with objections of Walled City residents to attempts by the Hong Kong Government to carry out clearance operations in the area, a series of protests were made by the Republic of China in 1933, 1936, 1948 and 1949 against "British trepasses on Chinese jurisdiction in the Walled City". The attitude of the Kuomintang Government towards this issue was explicity elaborated by the Chinese ambassador in London in February, 1948 (9). He stated that the "Chinese Officials" mentioned in the Article apparently did not merely refer to the individuals holding office at that time but also include their successors. He added that the Chinese Officials then stationed there were expelled by force and the Chinese Government had never dropped her clain over this area. One further point he put forth to explain the inclusion of the Article in the Convention was that the Chinese Government at that time was only willing to satisfy the military needs of the great powers and had never given up her rights over the respective areas. For this purpose, and "as a nominal gesture of preserving her jurisdiction, a special area was marked out the leased

areas.