pp. now in envelope behind
(1).
Mr. Sidebotham.
than
1. Please see Mr. Roberts-Wray's minute of the 21st April and papers below about the proposed reference to the Law Officers regarding Kowloon Walled City.
2. The draft "case for submission to the Law Officers" will give you the essential background of this longstanding case..
3. The map noted in paragraph 2 of this draft as to accompany it as Paper A No. 2 is not with the papers, but it is probably that of which you will find a copy in the envelope behind (217) on 54145/16/48 Part III. It seems to me that the Law Officers will also require a la which will · show the position of Kowloon Walled City in relation to the whole of the leased area ( vide my letter to Mr. Scott of the 18th March 202 on Part II). In any case I think it might well be added in para. 2 of the "case for submission" that Kowloon City is nearly 20 miles on our side of the boundary of the leased area.
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4. There is one error of fact in the draft "case for submission". In para. 17 it is stated that the man who received serious wounds has since died. In fact he made a complete recovery. (Vide Hong Kong telegrams Nee 37 and 107 of 1948, of which the Foreign office received copies of Nos. 54 and 107 on Part I).
5.
Reference para. 30 of the draft "case for submission", at the request of the Foreign Office we have asked the Ministry of Defence for their views as to whether the exercise of Chinese jurisdiction in Kowloon City would still in present conditions be inconsistent with the military requirements for the defence of Hong Kong and they have in turn asked G. H. Q.,FARELF (220 and 224 on Part III).
6. Reference Mr. Roberts-Wray's assumption that the reference to the Law Officers has been approved by a Minister. Please see minutes by Mr. Mayle and Sir Thomas Lloyd of 17/3, and (203) which was passed by Mr. Rees-Williams. The last two paragraphs of this letter deal with the reference to the Law Officers. It was understood that the Foreign Office would make the reference, but we may well agree with Mr. Roberts-Wray that it should be a joint reference from him and Mr. Beckett.
Though
7. Mr. Beckett has suggested to Mr. Roberts-Wray, particularly since our case appears to him, moet strong, not 100 per cent strong, that we ought to make one more attempt at a compromise solution.
Mr. Roberts-Wray replies to this suggestion in the last paragraph of his draft. I agree generally with the line taken by Mr. Roberts-Wray, but venture to suggest some slight modification.
Paragraph 2 of (194) on part II from our Ambassador at Nanking reports the Chinese
attitude