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military requirements for the defence of Hong Kong preclude
the exercise of such a jurisdiction by Chinese officials.
We can well understand that the existence of a focal point
for the propagation of dissatisfaction with British rule can
be of the utmost inconvenience to the British administration
of the leased territory of Hong Kong. We observe that it is
the opinion of the Chiefs of Staff that it would now be
inconsistent with military requirements to accede to the
Chinese request to be allowed to resume jurisdiction in Kowloon
City. The reasons given in the Minister of Defence's letter
8ch
dated th May, 1948, are to the general effect that Kowloon
City might provide a rallying point for Chinese nationalism,
from which active measures to return the whole colony to China would
be directed, and that, in general, hostility could be fomented
from Kowloon City against the British administration. We would not,
of course, presume in any way to question these views; but as a
matter of construction of the Convention we think there must be
more than mere inconvenience to the administration of a character
which, in the event of anticipated military operations, could be
promptly suppressed, before it could be said within the meaning
of the provision in question that Chinese jurisdiction was
inconsistent with the military requirements for the defence
of Hong Kong. We think that these words require that there
should be some definable military danger or disadvantage to
be anticipated from the presence of Chinese officials in Kowloon.
We doubt whether it would be sufficient to say that in the event
of a Communist attack, not anticipated as likely to occur in the
foreseeable future, Chinese jurisdiction in Kowloon City would
be a source of danger or embarrassment, particularly if
the circumstances are that at any moment in such an eventuality
the British authorities could terminate the exercise of such
jurisdiction by expelling the Chinese officials.
The provision does not enable the Chinese authorities in our view
to introduce Chinese troops into Kowloon City as a garrison
or/