be laid on them by the Chinese before an international

tribunal.

13. Prior to the 27th pril,1940, all efforts to

reach a compromise were unavalling, bocnuse the

Chinese proposals, whatever shape they took,

uid not make any concessions to the ritish; osition,

but merely amounted to a re-affination of the

Chinese claim. The were acceptance of the proposal

that there should be a garden does not dispose of the

question of jurisdiction and this is the question at

issue. On the 28th April,1948, however, the chinese

smbassy in London left åt the Foreign „ffice a

we orandum dated 27th April, 1948, containing proposals

which represent some concession to the view point of

Under there

H..G. The hexorandum vent-ins/proposals under which

he City of Kowloon would begose a Garden of

Denumbrance säministered by a Sritish and a Chinese

trustee, the latter having an office in the garden. The meme

+/suggested an exchange of notes, not to be published,

proviuing for punishment by the trustees of

infringements of rules and regulations for the

maintenance of onier in the guren and for trial of

in

civil and criminal cases, arising in the garen, the

courts of the locality in which the defend nt has his

domicile.

:

coy of the meux:andum is included at the

end of Faper § 20.(4). »lthough this proposal Day

it is bay

certain

no

received

means

that it has

he unqualified approval of the Chinese Government itself, and

contain the seeus of an acceptable compromise it is

desired to have the opinion of the law officers on the

points raised in the present case bacause, if l.. • ̈*

were in a position safely to offer recourse to the

interntional Court this would be so unpalatable to

the Chinese Government that it would probably induce

them to accept satisfactory comproniae much more

readily.

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