CONFIDENTIAL
3..
in order to assure itself of the nationality of the vessel. Apart from this, there is therefore very little in practice that the Royal Navy could do which would not amount to an interference with freedom of navigation.
(4) While I do not dispute that the doctrines of "hot
pursuit" and "constructive presence" are exceptions to the operation of Article 22, I still cannot see how they are relevant given that Hong Kong is surrounded by Chinese territorial waters. The doctrine of "hot pursuit" could never apply to offences committed within Hong Kong's territorial waters since "hot pursuit", which must be commenced within territorial waters, can only take place on the high seas and must cease as soon as the vessel enters the territorial waters of another state.
(5) I would agree that the question of a contiguous zone
for Hong Kong does not arise.
There is not much comfort in this for you I am sorry to say, but there really does seem to be nothing that can be done.
CONFIDENTIAL
P J Williamson
Hong Kong and General
Department