71
(See Moore on the foreshore 3rd. Ed. pp. 234, 256 and 856. See too Embleton v. Brown 3 E. and E. 234. See too Russell on Crimes Vol. 1: p. 10, and Coleridge Institute 3 p. 113 See too Hale's Pleas of the Crown Vol. 2 pages 16 and 17.)
The Chinese Government have, by last year's convention, merely granted to us the waters of the Bay, and they have not said a single word about any shore rights, and I advise, there- fore, especially in view of recent disturbances, that we keep on the safe side and assume that we have no ownership of the soil between high and low water mark.
It is one of the disadvantages of not having taken over the whole of the San On District that we find ourselves in this exceedingly difficult and rather humiliating position.
It seems very desirable that we should, if possible, bring up, by way of a friendly deal, the rights or the parties to the foreshore and to the approaches to it. Even if the fore- shore is British territory I quite agree with what His Excel- lency says in his minute of the 23rd. instant as to its not being proper for us, under the terms of the convention, to deprive the parties of their rights without compensation.
(Signed.) H.E.Pollock, Acting Attorney General. 28-9-99.
P.S. I would suggest that, as some difference of opinion has arisen here as to the ownership of Great Britain of the fore- shore in question, it might be advisable to refer the conside- ration of the question to the Law Officers in England.
(Signed.) H.E.Pollock, Acting Attorney General. 28-9-99.