Subject: Re: Born Again Enclaves
Date: Oct 09, 2004 @ 16:55
Author: aletheiak ("aletheiak" <aletheiak@...>)
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>isnt
> --- In BoundaryPoint@yahoogroups.com, "L. A. Nadybal"
> <lnadybal@c...> wrote:
> >
> > There is no "black and white"
>
> aha
> good point
>
> & even the amaz claves must have been permeable in some ways
> because even active military fronts are porous
>
> good point
>
> & clave borders are no more black & white than any other borders
>
> so this was an impossible quest precisely because nature busts a
> vacuum & a monopoly in every way she can
>
> & there is no rule nor any exception to prove or disprove it
>
> but just a tendency toward dissolution or entropy
>
> - even Büsingen, a pure enclave/exclave
> > if ever there was one was occupied during the aftermath of WWII,
> today
> > it is under Swiss customs jurisdiction (after having vacillated
> > between the two), Swiss state postbusses route through it, the
> Swiss
> > nationalized health insurance is used to pass claims from
> residents to
> > the German system, Swiss telephones are installed there alongside
> > German. The same applies to Campione d''Italia. Even Campione's
> > stamps were not issued until the Switzerland gave its approval.
> > Sovereignty is seemingly divisible in all these cases. Exclaves
> are
> > exclaves only for certain purposes.
> >
> > "it may be worth reminding ourselves that rebirth of enclaves
> > the same thing as rebirth of exclaves". I think what you meantto
> > write is "it isn't NECESSARILY the same thing...". In the case of<aletheiak@y...>
> > Kowloon, it was an exclave and an enclave simultaneously. An
> exclave
> > isn't necessarily and enclave (a la Dubrovnik), and an enclave
> isn't
> > always an exclave (a la San Marino).
> >
> > LN
> >
> > --- In BoundaryPoint@yahoogroups.com, "aletheiak"
> wrote:Kong
> > >
> > > --- In BoundaryPoint@yahoogroups.com, "L. A. Nadybal"
> > > <lnadybal@c...> wrote:
> > > >
> > > > After a lapse of a few days, here, for your revived
> consideration,
> > > is
> > > > a presentation of another enclave that went away and came
> back.
> > > you
> > > > didn't like the pope's possession as an example, so how about
> this
> > > one?
> > > >
> > > > The Walled City of Kowloon inside British leased Hong
> Newterritory
> > > > Territories.
> > > >
> > > > Here's a short history:
> > > >
> > > > June 9, 1898 Convention Respecting an Extension of the Hong
> Kong
> > > > Territory signed in Peking, provided that:
> > > >
> > > > - with respect to the walled city (Kowloon) "...Chinese
> > > officials
> > > > now stationed there shall continue to exercise jurisdiction
> except
> > > as
> > > > may be inconsistent with the military requirements for the
> defense
> > > of
> > > > Hong Kong. Within the remainder of the newly-leased
> > > Greatto
> > > > Britain shall have sole jurisdiction. Chinese officials and
> people
> > > > shall be allowed as heretofore to use the road from Kowloon
> > > Hsinan."there
> > > >
> > > > - "It is further agreed that the existing landing-place
> near
> > > > Kowloon City shall be reserved for the convenience of Chinese
> > > > men-of-war, merchant and passenger vessels which may lie
> andof
> > > > come and go at their pleasure; and for the convenience of
> movement
> > > of
> > > > the officials and people within the city."
> > > >
> > > > August 6, 1898, Ratifications exchanged in London.
> > > >
> > > > October 20, 1898 New Territories Order in Council (Court at
> > > Balmoral)
> > > > ordered (in its paragraph 4):
> > > >
> > > > - Notwithstanding anything contained herein, the Chinese
> > > > officials now stationed within the City of Kowloon shall
> continue
> > > to
> > > > exercize jurisdiction therein except in so far as may be
> > > inconsistent
> > > > with the military requirements for the defense of Hong Kong.."
> > > >
> > > > December 27, 1899 Walled City Order in Council (Court at
> Windsor)
> > > ordered:
> > > >
> > > > - "...Article 4 of the Order of Her Majesty in Council
> theby
> > > > 20th day of October, 1898, is hereby revoked... The City of
> > > Kowloon
> > > > shall be, and the same is hereby declared, for the term of the
> > > > lease... part and parcel of Her Majesty's Colony of Hong
> Kong..."
> > > >
> > > > "After the war the Chinese government planned to restore her
> > > > administration and the provincial authorities announced
> intention
> > > to
> > > > establish Chinese civil courts there" [Hong Kong Telegraph
> Dec. 6,
> > > > 1947].
> > > >
> > > > During its occupation of Hong Kong (24 Dec 1941 - Aug 1945),
> Japan
> > > > evicted people from the city; during the Japanese occupation
> the
> > > area
> > > > was sparsely populated. In 1943 the walls were demolished to
> > > provide
> > > > material for Kai Tak Airport improvements. After Japan's
> surrender,
> > > > squatters (whether former residents or - more likely -
> newcomers)
> > > > began to occupy the Walled City, resisting several attempts
> > > BritainWalled
> > > > in 1948 to drive them out. "The exact boundaries of the
> Cityhaven
> > > > cannot now be determined". (Wesley-Smith, Unequal Treaty).
> With no
> > > > wall to protect it (initially), the Walled City became a
> forclaim
> > > > crooks and drug addicts, as the Hong Kong Police had no right
> to
> > > enter
> > > > the City (and mainland China refused to take care of it).
> > > >
> > > > The 1949 foundation of the Peoples' Republic of China added
> > > thousands
> > > > of refugees to the population, many from Guangzhou, and by
> this
> > > time,
> > > > Britain had had enough, and simply adopted a 'hands-off'
> policy. A
> > > > murder that occurred in Kowloon in 1959 set off a small
> diplomatic
> > > > crisis, as the two nations each tried to get the other to
> > > > responsibility for a vast tract of land now virtually ruled byfolding
> > > > anti-Manchurian Triads. (The Triad is a collective term that
> > > > describes many branches of the underground society based in
> Hong
> > > > Kong). The Triads' rule lasted up until the mid-1970s, when
> a
> > > series
> > > > of over 3,000 police raids occurred in Kowloon. With the
> Triads'
> > > power
> > > > diminished, a strange sort of synergy blossomed, and the
> Walled
> > > City
> > > > began to grow almost organically, the square buildings
> upvirtually
> > > into
> > > > one another as thousands of modifications were made,
> > > none bykind
> > > > architects, until hundreds of square metres were simply a
> ofupper
> > > > patchwork monolith. Labyrinthine corridors ran through the
> > > monolith,
> > > > some of those being former streets (at the ground level, and
> often
> > > > clogged up with trash), and some of those running through
> > > > floors, practically between buildings. The only rules ofa
> > > construction
> > > > were twofold: electricity had to be provided to avoid fire,
> and the
> > > > buildings could be no more than about fourteen stories high
> > > (because
> > > > of the nearby airport). A mere eight municipal pipes somehow
> > > provided
> > > > water to the entire structure (although more could have come
> from
> > > > wells). By the early 1980s, Kowloon had an estimated
> population of
> > > > 35,000 - with a crime rate far below the Hong Kong average,
> despite
> > > > the notable lack of any real law enforcement.
> > > >
> > > > Over time, both the British and Chinese governments found this
> > > > massive, anarchic city to be a bit much - despite the low
> crime, if
> > > > the 'Black Market' ever had a physical location, this would
> have
> > > been
> > > > it, and needless to say, the sanitary conditions were, well,
> bitand
> > > > wanting. [Some Post WWII History above from the "Free
> > > Dictionary.com".]
> > > >
> > > > April 24, 1975, Hong Kong officials quoted as saying "Walled
> City
> > > is
> > > > not under the jurisdiction of the [Hong Kong] government"
> (South
> > > China
> > > > Morning Post).
> > > >
> > > > After the Joint Declaration in 1984 The Sino-British Joint
> > > Declaration
> > > > on the Question of Hong Kong (The Joint Declaration), was
> signed by
> > > > the Prime Ministers of the People's Republic of China (PRC)
> and the
> > > > United Kingdom (UK) governments on December 19, 1984 in
> Beijing.
> > > The
> > > > Declaration entered into force with the exchange of
> instruments of
> > > > ratification on May 27, 1985 and was registered by the PRC
> UKtear
> > > > governments at the United Nations on June 12, 1985. After the
> joint
> > > > declaration in 1984, China allowed British authorities to
> demolish
> > > the
> > > > City and resettle its inhabitants. The mutual decision to
> downfor
> > > > the walled city was made in 1987.
> > > >
> > > > Summary:
> > > > From the De Jure standpoint:
> > > >
> > > > a. From the HKK-British paradigm, the enclave existed
> > > aboutNew
> > > > 14 months (a little longer from the British home government
> that
> > > was
> > > > not dependent upon the New Territories Orders), 1898-99.
> > > >
> > > > b. From the Chinese standpoint, it started to exist as
> non-
> > > leased
> > > > enclave within leased New Territories at start of lease 1898;
> it
> > > > ceased to exist as sovereignly differentiatable from
> surrounding
> > > > occupied territory only during Japanese occupation 1941-5 and
> it
> > > > returned to exist as non-leased territory surrounded by leased
> > > > trerritory in 1945 when GB power returned so that exercise of
> lease
> > > > terms could be resumed.
> > > >
> > > > From the de facto standpoint, Kowloon existed as enclave
> within the
> > > > leased area under British sovereignty from beginning of the
> > > > Territories lease until revocation in 1899, was in limboincarnation
> because
> > > the
> > > > weak Chinese government of the time could not exercise
> objections
> > > to
> > > > British actions until the Japanese took it in 1941 when it
> ceased
> > > to
> > > > be either under British or Chinese control. It formed again
> when
> > > the
> > > > Japanese left and lease terms resumed, but was under nominal
> > > Chinese
> > > > "control" until lease ended with British exercising minor
> > > > administrative power when defense (civil and military) of the
> > > leased
> > > > territory required (under the original provision of the lease
> from
> > > 1898).
> > > >
> > > > One can say that sovereignty was shared in certain aspects at
> > > certain
> > > > times,
> > >
> > > ok all very nice stuff len
> > > but it seems to me that the fact that one can say what you say
> here
> > > plus the fact that there were always clear indications of who
> was
> > > primarily in charge
> > > as expressed in wordings like
> > > insofar as is not inconsistent with the defense of such & such
> > > etc
> > > etc
> > > means
> > > again
> > > close but no obvious cigar yet
> > >
> > >
> > > also
> > > it may be worth reminding ourselves that rebirth of enclaves
> isnt
> > > the same thing as rebirth of exclaves
> > >
> > > political changes could renew or revive a nonexclave enclave
> border
> > > approximately or even precisely i suppose
> > > whether anything was actually revived or not
> > > since there is no enduring entity that this supposed renewal
> keeps
> > > belonging to
> > > but it comprises only itself each time it comes up
> > > & is thus a new & distinct entity at the time of each
> > >
> > >
> > > so i at least dont see anything in kowloon yet that is even
> remotely
> > > like the former amaz exclave enclaves
> > > which we were considering
> > > & which were a case of first black & then white but never gray
> > > & which occasioned this quest or question
> > >
> > > nor is anybody denying or disliking anything
> > > but just looking for real evidence of a quite definite &
> specific
> > > thing
> > >
> > > proof of an exception that proves a rule
> > > by actually going from black to white
> > > & then back to black again
> > >
> > > unless this really is the nonesuch & impossibility i imagine
> > >
> > >
> > > but as an international enclave that existed and that came and
> > > > went and returned (from at lease someone's official sovereign
> > > > standpoint) can't be denied.
> > > >
> > > > LN