Re Wong Hon
| Jurisdiction | Hong Kong |
| Court | High Court (Hong Kong) |
| Date | 30 November 1959 |
(Sir Michael Hogan C.J.; Blair-Kerr and Mills-Owens JJ.)
Jurisdiction Extraterritorial jurisdiction Leased areas Kowloon Assimilation to neighbouring British territory The law of Hong Kong.
Treaties Operation of Exception clauses Inconsistency with military requirements for defence of Hong Kong Conditions of operation Unilateral determination The law of Hong Kong.
State territory International leases Convention of June 9, 1898, between Great Britain and China Kowloon Lease for 99 years, with certain qualifications in respect of walled city of Kowloon Whether Crown has jurisdiction over offence committed by alien in walled city of Kowloon Explicit statement by Crown as to extent of territory under its jurisdiction The law of Hong Kong.
The Facts.Wong Hon, a Chinese national and not a British subject, was committed for trial on a charge of murder alleged to have been committed within the area of the Walled City of Kowloon. An application for a writ of habeas corpus was thereupon made on behalf of Wong Hon. The argument advanced in support of the application was that the Convention between Great Britain and China dated June 9, 1898,1 which leased an area now known as the New Territories to the British Crown for a period of 99 years, excepted therefrom the Walled City of Kowloon and reserved jurisdiction within that area to officials of China; and that since Wong Hon was an alien and not a British subject, the British Courts in Hong Kong could not purport to exercise jurisdiction over him in respect of an offence committed within the area of the Walled City.
Held: that the application must be rejected. (1) The whole area of the territories leased under the Convention of June 9, 1898, including the Walled City of Kowloon, was within the jurisdiction of the British Courts in Hong Kong. (2) Municipal courts were bound by the explicit assertion of unqualified jurisdiction and of territorial limits made by their own sovereign authority.
The Court said: The relevant paragraphs of the English version of the Convention, which was signed at Peking on June 9, 1898, and ratified in London on August 6, 1898, read as follows:
Whereas it has for may years past been recognized that an extension of Hong Kong territory is necessary for the proper defence and protection of the Colony.
It has now been agreed between the Government of Great Britain and China that the limits of British territory shall be enlarged under lease to the extent indicated generally on the annexed map. The exact boundaries shall be hereafter fixed when proper surveys have been made by officials appointed by the two Governments. The term of this lease shall be ninety-nine years.
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. Within the remainder of the newly-leased territory Great Britain shall have sole jurisdiction. Chinese officials and people shall be allowed as heretofore to use the road from Kowloon to Hsinan.
On October 20, 1898, Her Majesty Queen Victoria made an Order in Council, generally referred to as the New Territories Order in Council,2 providing for the administration of the New Territories acquired by Her Majesty under the Convention of June 9, 1898. It is in the following terms:
ORDER IN COUNCIL providing for the Administration of the Territories adjacent to Hong Kong acquired by Her Majesty under the Anglo-Chinese Convention of June 9, 1898.
At the Court At Balmoral, the 20th day of October, 1898.
Present:
Whereas by a Convention dated the 9th day of June, 1898, between Her Majesty and His Imperial Majesty of China, it is provided that the limits of British territory in the regions adjacent to the Colony of Hong Kong shall be enlarged under lease to Her Majesty in the manner described in the said Convention;
And whereas it is expedient to make provision for the government of the territories acquired by Her Majesty under the said Convention, during the continuance of the said lease;
IT is hereby ordered by the Queen's Most Excellent Majesty, by and with the advice of Her Majesty's Privy Council, as follows:
1. The territories within the limits and for the term described in the said Convention shall be and the same are hereby declared to be part and parcel of Her Majesty's Colony of Hong Kong in like manner and for all intents and purposes as if they had originally formed part of the said Colony.
2. It shall be competent for the Governor of Hong Kong, by and with the advice and consent of the Legislative Council of the said Colony, to make laws for the peace, order, and good government of the said territories as part of the Colony.
3. From a date to be fixed by proclamation of the Governor of Hong Kong, all Laws and Ordinances which shall at such date be in...
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