TNAG-1240-FCO40-1553-Future-of-Hong-Kong-1983 — Page 101

CONFIDENT TAL

Note

KOWLOON WALLED CITY

1. A special provision for a measure of Chinese jurisdiction within the area known as the Kowloon Walled City was contained in the Convention for the Extension of Hong Kong signed in Peking 9 June 1898. It read: "It is at the same time agreed 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 for the defence of Hong Kong". This provision was confirmed in Article 4 of the Order In Council of 20 October 1898 which provided for the government of the territories leased under the Convention.

2. In April 1899 following outbreaks of violence in the New Territories, British troops ousted the Chinese garrison and expelled Chinese officials from Kowloon. The Zongli Yamen (the then Chinese foreign Ministry) complained of these actions to the Foreign Office on 22 May. The Marquess of Salisbury replied on 30 May, justifying the actions, and added: "After the recent experiences which they have had not only of the worthlessness of the protection extended by the Chinese garrison at Kowloon, but of the additional danger involved in its presence, it is impossible for Her Majesty's Government to allow the resumption of Chinese authority within the walls of that city". A further Order In Council of 27 December 1899 revoked Article 4 of the Order of 20 October 1898 and placed the administration of Kowloon on the same footing as that of the New Territories.

3. This unilateral action was never accepted by the Chinese. The question of Kowloon city was discussed with Li Hongzhang, Viceroy of

The Guangdong and Guangxi, when he visited Hong Kong in July 1900. British attitude remained firmly that "we have definitely decided not to allow the city to fall under Chinese jurisdiction, and have told the Chinese government so, and have passed an Order In Council including it in the New Territory and the matter is at an end".

4.

Under the Chinese Nationalist regime the status of Kowloon was raised during the period 1933 to 1937 and again in 1946 to 1948, when the Chinese asserted that their claim to jurisdiction either verbally

A definitive or by sending local officials symbolically to Kowloon. statement of the Chinese view was contained in a letter from the Chinese Ambassador Dr F T Cheng to Mr Bevin dated 5 February 1948, in which he asserted Chinese jurisdiction and the right of Chinese officials to exercise it:

"The Chinese government wishes to state that, in regard to jurisdiction over the city of Kowloon, it has consistently adhered to the interpretation it has adopted of the Peking Convention of 1898, namely that the City of Kowloon is expressly reserved to Chinese jurisdiction".

"In regard to your statement that the Hong Kong Government have exercised uninterruptly since 1899 sole jurisdiction over the City of Kowloon, except for the period of Japanese occupation, I must recall to your certain facts which cannot have escaped from your attention. In the first place, the

CONFIDENTIAL

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