8
RESTRICTED.
IN
WARNING.—This is an unparaphrased version of a secret cypher or confidential code message, and the text must first be paraphrased if it is essential to communicate it to persons outside British or Allied Government Services.
From C. in C. F.E.S. (float)
Z
071501/December
Date 8.12.49
Recd 2304
NAVAL CYPHER 0.T.P. (B)
To Admiralty
Info F.. 2nd i/c F.E.S., C. in C. F. E. S. (Ashore),
Cdre. Hong Kong.
It is desired to clarify limits of territorial waters around Hong Kong and including Canton delta.
2. Subject to confirmation by Admiralty I intend to assume the following:-
(a) British territorial waters extend to 3 miles from
low water mark of mainland and island of Hong Kong and the leased territories except where such water also lies within 3 miles of Chinese territory. In latter case British territorial waters extend to half way between British Chinese low water marks.
(b) For the specific purposes of affording protection to British shipping in the Canton delta, all waters North of the parallel of 22 degrees 21 minutes North shall be considered Chinese territorial waters except for the water within British territorial waters.
1st Lord 1st S.L. V.C.N.S.
U.S.S.
O.D. (4)
D.C.
D.N.I. (3)
Head of M. (6) for action
C.N.I. (2)
Hydrog 2
0715012
VJ/41/19
Page
Tel: Whitehall 9000.
ADMIRAY
M'S
Extension 1672.
SECRET
M.01906/49.
Military Branch,
Admiralty, S.W.1.
8th December, 1949.
१
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ge 9
Enel, to (3) on
7230/3/37
(4)
(6) on 7230/3/38
Dear Radford,
Thank you for your letter numbered 53848 of 23rd November about the territorial waters of Hong Kong. Although we are unable to trace the precise Foreign Office reference quoted in your third paragraph, we have in our files a memorandum by Fitzmaurice dated 17th September, 19 37, which explains the Convention of 1898 in the words you have quoted. We agreed with this explanation at that time and it is still satisfactory to us.
2.
It will, I think, be convenient for you to refer to a letter from Jarrett to Ronald and Howard of the 21st June, 1938, (M. 03598/38) which not only confirmed the Admiralty's agreement with Fitzmaurice's memorandum but also refers to the "Master" chart of Hong Kong territorial limits agreed between the Foreign Office, Colonial Office, and Admiralty. A copy of that chart was sent to the Colonial Office and will, I think, give you the information you require. (I am afraid we have not got a spare copy of the chart now and it would take some time to have one prepared).
3.
Briefly to sum up our view of the matter, H.M. G. possesses territorial rights in all waters adjacent to the colony and exercises those rights up to the normal 3-mile limit.
4.
There is nothing new in this. Whether it is desirable publicly to clarify the position (which might have been done in 1937 but for the special considerations which then prevailed) is, we think, a matter for the Hong Kong Government. Other things being equal, we see advantage from the Naval point of view in publishing a statement in appropriate form to put the matter beyond doubt. The important thing is, of course, that the Hong Kong Government should be clear in their own minds.
I am sending a copy of this letter to Coates.
Yours sincerely,
сън C4 H Cardo-
Page
R.E. Radford, Esq.,
Colonial Office,
Church House,
Gt. Smith Street, S.W.1.
(it of the Adwy mi F.0')
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SECRET
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DEFENCE & GENERAL
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