TNAG-1099-FCO40-1349-Kowloon-Walled-City-registration-of-instruments-affecting-la-1981 — Page 4

Enter a fostolis, 23

CONFIDENTIAL

To

: Attorney General

ко

APA

17/7

Gerry,

Kowloon Walled City

Registration of Instruments Affecting Land Therein

I refer to your memo dated 9th July, 1981, and to the various papers to which you refer. You seek my opinion with regard to three specific questions and I think I can best reply by first answering each question and then setting out the reasons for the opinions expressed.

2.

In my view :-

(a)

the courts have jurisdiction;

(b)

the R.G. is bound to register the writ; and

(c)

there are prescription implications.

30

When considering the question of land within the Walled City

it is necessary to have regard to the following :-

(a)

the Lease of the New Territories as set out in the Convention between Great Britain and China respecting an extension of Hong Kong Territory signed at Peking on 9th June, 1898;

(b) the New Territories Order in Council dated 20th

October, 1898; and

(c)

the Kowloon City Order in Council dated 27th December 1899.

It should be noted that "Kowloon City" is what has become known as Kowloon Walled City.

4.

that :-

The Convention referred to in para 3(a) provided inter alia

(a)

(b)

an extension of Hong Kong territory was necessary for the proper defence and protection of the Colony;

(

it had been agreed between the Governments of Great Britain and China that the limits of British territory should be enlarged under lease to the extent indicated generally on a map annexed thereto, subject to the fixing of exact boundaries when proper surveys had been made ;

ONFIDENTIAL