:
with the military requirements for the defence of Hong Kong.
..e 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. e doubt
whether it would be sufficient to say that in the ovent of a
Communist attack, not anticipated as likely to occur in the
foreseeable future, Chinese jurisdiction in kowloon City
1
would bea 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
The Jurisdiction by espelling the Chinese officla lo,
provision does not enable the Chinese authorities in our view
to introduce Chinese troops into Kowloon City as a garrison
or for any military purpose (other than perhaps, for example,
leave or covalescent purposes in limited numbers), and wo
would have thought that it would be a simple matter in the
event of anticipated military operations to expel Chinese
officials from Kowloon Pity and terminate the exercise of their
jurisdiction. This, however, is a matter involving technical
military considerations about which we are of course not
competent to express an opinion.
In the event of the dispute between Great Britain and
China coming before the international Court, if it were sought
to justify British jurisdiction in Kowloon City on the ground
that Chinese jurisdiction would be inconsistent with military
requirements, it would be for the Court to decide whether in
fact military requirements for the defense of Hong Kong made
it necessary that jurisdiction in Kowloon City should not be
exercised by the Chinese authorities. Whe view of the
British military authorities would not detormine the matter;
the opinions which they expressed would be evidence before
the fourt upon which the Court itself would pronounce in
deciding/