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135 Draft
Draft announcement 136-A SoHong Kong Kel 208 server-
136 Hong Kong tel 173
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Mr. Seel
11. 2.48. 12.2.48.
Hong Kong have not replied to the above telegram yet, and the Foreign Office are going to send a reply to No. 127, explaining that we are not yet in a position to give the reply on the two points as we are waiting for Hong Kong's views. I suggested to Mr. Scarlett that it would be well to get the Ambassador to try to stop any premature publicity, e.g. arising out of the meeting between the Chinese Minister for Foreign Affairs and the Peoples Political Council to-morrow, regarding the proposal for a Garden of Remembrance. Otherwise, we may find ourselves at a disadvantage in securing the Chinese Government's agreement on other matters arising out of the proposal. I gather that the Foreign Office will include something on this point in the telegram to Nanking.
In the meantime, you may wish to send the file forward for a decision on points (a) and (b) in your note at No.134.
So far as I am aware, the Foreign Office are not thinking of reviving their proposal that we should concede the Chinese claim to juris- diction. The terms of their telegram to Nanking (129) certainly give the impression that it is their view that questions of jurisdiction should not arise if the area is converted into a Garden of Remembrance, and that it is, therefore, unnecessary to reach any settlement on the question of jurisdiction.
I don't know what the local reaction would be to our conceding the Chinese claim to jurisdiction after having resisted it for some 50 years. I imagine that at best it would be regarded as a significant victory for the Chinese, and that at worst it would be regarded as definitely marking the beginning of our end in Hong Kong. With all respect, I would see the greatest possible objection to conceding the Chinese claim, even on an undertaking by them not to attempt to exercise jurisdiction for the remainder of the lease. They would no doubt find some excuse for departing from this under- taking later on, even if they gave it now. It is, however, by no means certain that they would give the undertaking on the other hand, it would be difficult to withdraw our recognition of their claim to jurisdiction once we had given it, no matter what the circumstances were. We might also have some awkward questions arising out of our exercise of jurisdiction in the past, if we admit the claim of the Chinese to it now.
I venture to suggest that, subject to Hong Kong's views, we should confine ourselves to the proposals at (c), (d) and (e) in your note at 134, and discuss the matter with the Foreign Office on that basis. With regard to (e), however, it might be preferable to say that once a settlement is agreed on the Kowloon question and if the two prisoners are then still incarcerated, we should be prepared to ask the Governor to say whether he would be prepared to
release