CONFIDENTIAL
4.
Although the area in question is small and of no value we need to decide what to do about its uncertain ownership. It has already been the scene of several incidents with the Chinese which could have been nasty if the atmosphere were more tense and those concerned less careful. As a sort of no-man's land it could become a hiding place for illegal immigrants, although this danger is no longer of immediate concern because of the reduction of illegal immigration.
5.
Legal advice here is to the effect that, unless there is a specific agreement to the contrary, when a river is the accepted border and the river shifts, then the border itself is deemed to shift. However, our legal advice also maintains that, if we wish to continue treating the line of the original river bed as the present border, there is nothing in international law to prevent us doing so. Our modern mappers have therefore been technically right to shift the border with the line of the river but there is no over-riding legalistic reason why we should continue to regard this shifted line as the border if it is impolitic to do so,
6.
It seems clear that the Chinese continue to regard the 1905 line' as the correct border. If we treat the '1981 line' as if it were correct we risk continued disputes and the occasional incident which could at any stage be serious. This situation we would prefer to avoid. A possible solution would be to accept the 1905 line as the de facto border, but maintain the 1981 line de jure (e.g. on maps). However, this creates the risk of future misinterpretation and confusion between actual and claimed boundaries and I do not favour it.
7.
8.
What we propose to do is as follows:
(a) for practical purposes we will accept the
1905 line, at the place in question, as the border;
(b) our security forces will be briefed accordingly;
and
(c)
large-scale maps will be adjusted when they are revised (on smaller scale maps, and even the standard 1:50,000, the change is so small as to be indistinguishable).
The Governor has approved this course of action in principle, but has asked me to inform you and seek your approval before it is implemented.
(D C Wilson)
cc R JT McLaren Esq FED FCO (w/o enc)
CONFIDENTIAL
ever
/P.S.
and)