I undore as Aurex TN to this
despatch General Assembly document A/AC.28/SR.2/ Cor. 3 dated the 14th September, 1949, which
contains MR. Li's
coni gendum.
to be transmitted on Kowloon and the New Territories, as sovereignty over those
territories rested in the Republic of China".
As the
Committee had by then dispersed, there
was no further opportunity for reply
•
Un matter i
4. On the question of sovereignty, Ham
not entirely free from doubt, but I am
advised that there ain inflamational count
can be no doubt that,
would pro love how heat.
during the currency of the lease, His
Majesty exercises sovereignty over the leased
territories;
and that while in strict law
the leasing state retains a reversionary
property in the territory,
that fact does
on
283/284 54145/16/48 TH
not impair the de facto and de jure sovereignty
This is however In view of
of His Majesty in the meantime. subject to mara hai in regard to the the doubt which exists about jurisdictional
See in this rights in the walled city of Kowloon, however, connection my Secret Savingram No. 200 of the 10th (see the Law Officer'e opinione in (deal with a in Eanager ffin Confidential Priist September, 1948)
paper B. 6995/454/10 of the 24th June,- 1948)
thought
and it was not possible to instruct the United
Kingdom Representative in the Special Committee
wholesale
to make a categorical denial of Mr. Li's
statement regarding sovereignty; moreover,
entinly
questions of sovereignty are right outside
the competence of the Special Committee.
5. On the narrower question of the transmissix
of information to the Secretary-General under
Article 73 (e) of the Charter, however, I am
estion about ten position. advised that His Majesty dove nment are
then can be
{at}
ground: The obligations contained
in Article 73 are based not on the exercise
of sovereignty but on the exercise of
administrative responsibility. As
is no doubt
exists that His Majesty's Government are
de facto and de jure responsible for the
administration of Kowloon and the new
Territories, and as these territories have
not