j

Draft

TELEGRAM/SAVINGRAM:

276

File No.

54145/16/48 Pt.11x

To:-

GOVERNOR,

HONG KONG.

고이가

Sent.

Radford

Mr.

3/8/48.

Mr.

Wallace 3/8/48.

Repeated to:-~-

Mr. Sidebotham 3/8/48.

H.M. AMBASSADOR, NANKING.

.

Mr. Paskin.

3/8/48.et nee a diff.

7.0 mm by

To be transmitted

Mr.

Priority Ph

No.

Permt. U.S. of S.

Parly. U.S. of S.

S. of S.

In Clear

Codex

Cypher

Nikxx

Reply urgently required.

Important

Immediate.

Most Immediatexx

hours.

194

Restricted. Confidential

Secret. Top Secret.

Distribution

Mr. A.L. Scott (F.0.)

H.L. Wilson

(271)

4 copies

Mr. F.D. Mantan (Min. of Def.)

Further action :-

15 copies

Your telegram No. 723.

Kowloon City.

1. You should know that H.M.G. are advised that

if case were to go before International Court, H.M.G.

could not, repeat not, successfully resist Chinese

claim to jurisdiction in Kowloon City unless upon the

ground of military requirement. As to this ground, it

would be necessary to establish 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 Court to decide on this point upon evidence

of military experts on each side subjected to cross-

examination by the other. It is doubtful whether it

would be sufficient to say that in event of Communist

attack, not anticipated as likely to occur in the

foreseeable future, Chinese jurisdiction in Kowloon

would be a source of danger or embarrassment.

2.

In view of this opinion, H.M.G. have come to

the conclusion that not only can there be no question

of their taking the case to the International Court,

but that they must also avoid getting themselves into a

position where the Chinese might take the case to the

/ Court.

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