the
CONFIDENTI AL
nor of Hong Kong was therefore instructed to avoid any
appearance of claiming jurisdiction beyond the internationally accepted
limits of territorial waters and the Japanese, who were engaged in
hostilities with the Chinese near Hong Kong, were given a tracing
showing these limits. In 1950, after the establishment of the People's
Republic of China, the question was looked at again. The 1937
interpretation of the Peking Convention of 1898 was reaffirmed and the
Governor was instructed to suspend the exercise of jurisdiction beyond
the limits of territorial waters accepted by international usage. In
the case of Hong Kong, these waters were described generally as waters
within the three-mile limit following the sinuous line of the Colony's
coast.
131
Since 1958 the Chinese Government has continued to claim a
territorial sea of twelve miles but has not apparently made any specific claim
to jurisdiction over waters within the square boundary of Hong Kong.
In effect, therefore, the area of water within the square boundary
but outside Hong Kong's three-mile limit is regarded by IIMG as high
seas (though having a somewhat special character) and in practice has
usually been treated as such by the Chinese.
J
132 Chinese warships have the right of access through Hong Kong waters under the specific provisions of the 1898 Convention which states:
"It is agreed that Chinese vessels of war, whether neutral or other-
wise, shall retain the right to use those waters". Such access is
also granted, by virtue of customary international law, in the right of innocent passage. It is at present usual, and accepted by both
sides