makes the exercise of Chinese jurisdiction subordinate
to the defence requirements of Hong ong. Kis
majesty's Government must be the judges of those
requirements. Both in 1879 and on every other
occasion when the question was raised the British
military authorities have been consistently of the
opinion that Chinese jurisdiction is inconsistent with
those requirements and that is their view at the
present time. It way also be argued on the literal
interpretation of the reaty that if once the Chinese
jurisdiction is validly interrupted by „ilitary
requirements there is no right tv resume it.
32. The answer of liis zajesty's Government to what
appears to be the chinese argument that even if
Chinese jurisdiction may have to cede to the military
requirements of the defence of long hong, más
Fajesty's Covertment have no right to jurisdiction in
the City, is that the city was leased to His sajesty's
Government as well as the rest of the territory. Over
the rest of the territory His Majesty's Government
had sole jurisdiction which implies that over the
city His -ajesty'a 'Government had, or might in certain
circumstances, have some jurisdiction. This jurisdiction
might be concurrent with or alternative to the Chinese
jurisdiction.
33.
Mr. evin and kir. Greech Jones would be grateful
if you would take the above matters into your
consideration and if you would furnish them with your
opinion on the following questions:
(i; is the dispute a suitable one for
submission to the Intern tional Court of Justice'r
(ii) If so, whether is ajesty's Government
should initiate proceedings by application, without
Laking, or after having unde a speolai declaration
under the optional qiause on the lines indicated in
paragraph 21 above, or end-av.ur tɔ negotiate a
special....