1
the opinions of British military experts which
would be subjected to cross-examination at the
instance of the Chinese would involve
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considerable disadvantages from the point of view
of security and similar considerations.
It is not thought, therefore, that His
Majesty's Government could successfully resist
the Chinese claim unless upon the ground of
military requirement. As stated it is doubtful
whether it would be desirable to litigate this
question, but if it were litigated, it would' be
necessary to establish that there was some present
or apprehended contingency of a military
character which, from a military point of view,
rendered it impossible to agree to a resumption of
Chinese jurisdiction. It would be for the Court
to pronounce upon evidence of military experts on
each side subjected to cross-examination by the
other, whether or not the defence of military
requirement had been made out.
Generally, it is considered preferable that
negotiations should be continued upon the lines
on which they are at present proceeding. It is
thought that any compromise which included some
acceptance by the Chinese of the position that
any concession the British Government might make
was not to be construed as an admission of the
Chinese rights to resume jurisdiction would be
desirable in British interests. This is because,
in general, it is not felt that the British case
really is in any sense impregnable.
Apart from
the defence of military requirement, it is thought
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that the British case is weak, and a little
uncertainty is felt - although on a technical
military question of this sort the view is
expressed with great reserve and hesitation
/whether