to the Chinese that if they wished to take their

claim to jurisdiction to the International

Court at The Hague, we should be agreeable, on

the understanding that they would accept the

necessity for any administrative measures on

the part of the Hong Kong Government that

might be necessary within the area pending

submission of the question to the International

Court and would take active steps to ensure

that such measures were not made the subject

of public agitation in China.

5.

The possible objections to our mentioning

the International Court to the Chinese are the

doubts as to the strength of our case on purely

legal grounds and the possibility that the

Chinese might adopt the same line as the

have done over the case Poulish Honduras Guatemalansand suggest that the Court should

deal with the question on its merits as well

rethaugh wish a suggestione as on the purely legal aspect, This might not

in fact prove to be contrary to our interests.

On the other hand a reference to the Inter-

national Court seems to offer the only hope of

an eventual solution and, what is perhaps more

important, of reaching a position in the

meantime where, administrative action can be

taken with some assurance that it will not be

made the subject of artificially inspired

agitation in China.

There is also the point

that if we refer to the possibility of going

to the International Court in the manner

proposed and at the same time indicate that

had

this was a question which we, hoped might be

settled amicably between our two great nations

without recourse to such a procedure, the

Chinese may think again and come round to our

roposal for the garden of Remembrance.

6. I should

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