CONFIDENTIAL
DSR 11C
sides, that Chinese boats should operate in the two bays, Hirs Bay
and Deep Bay. However, each side is also sensitive to public concern
in the Colony over armed Chinese vessels sailing close to the islands
of Hong Kong or particularly near the harbour approaches. Although such
courses offer the shortest route to Chinese patrols transferring from
one bay to the other, it is by mutual agreement generally avoided.
The last incident of this nature occurred in March 1978 (before that it
was 1963) when the Hong Kong Government expressed its concern to New China News Agency representatives.
133
Foreign shipping entering Hong Kong through one of the two
standard approaches using the Lamma Channel is warned by the Chinese
authorities whenever vessels pass within five miles of a signal station
on the Chinese island of Tan Kan Shan.
Therefore virtually all ships
arriving and departing Hong Kong make a point of keeping at least five
miles from the nearest Chinese shore.
134 The Peking Convention of 1898 provides 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 come and
go and lie there at their pleasure". This provision clearly comple-
mented a clause which allowed 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". However, an Order in
Council of 27 December 1899 revoked Chinese jurisdiction in the walled
city of Kowloon and it is unclear whether the rights in regard to
Kowloon Harbour then also lapsed. In any event, it seems unlikely that
China would in the present circumstances claim rights conferred by the
19th century treaty.
/Hong Kong-China
COMET DEMIET AL
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