2
consultation with the Foreign Office and Admiralty, the 1937
interpretation of the Peking Convention has been reaffirmed but
it is recognised that this interpretation will be difficult to
uphold unless the definitions of "the Colony" and "Colonial
Waters" in the Interpretation Ordinance are suitably amended.
I am advised that such amendments would be difficult to justify
if in practice jurisdiction has in the past been exercised
outside the normal limits of territorial waters (as I presume
fact it has Nevertheless, subject to your comments, I consider
that the necessary amendments to the Ordinance should be made
Charter of without delay as unobtrusively as possible.
3.
.218,
(3)
It would of course have been most opportune to incorporate
these amendments in the new Bill referred to in my Telegram No.2
but as you know I was not aware of this Bill in time to delay its
be final stages. However the amendments, which need not/complicated,
Coubel
ean perhaps be presented as further necessary modifications
of the 1911 Ordinance which were overlooked when drafting the new
Bill.
It would, I consider, only be necessary to make it clear
that "Colony" means the whole area of land and the whole of
Deep Bay and Mirs Bay lying between the boundaries specified,
together with the territorial waters pertaining thereto, and that
"Colonial Waters" include territorial waters.
4.
Pending consideration of your comments on this question
and until any changes in the Interpretation Ordinance which are
agreed upon become effective, you should,by/administrative
suitable
suspend instructions, to the Water Police and Revenue authorities, avoid
te_the_Water
beyond
the exercise of jurisdiction between the limits of territorial
ccepted
Over
waters except by international usage. In the case of Hong Kong
described
these waters may be defined generally as
water: within the thir
(a) waters within three miles of the Colony's land,
(b) Deep Bay and Mirs Bay, specially claimed as National
waters, together with territorial waters extending
three miles to seaward of lines drawn closing both
these Bar
Ister
mile limit
-following the sinuosities
of the Colony, coast together with territorial waters extending three miles
to seaward of lives drawn closing Deep Bay and Miss Bay (which are themselves claim as national waters)
accurately
It will of course be desirable for these waters to be charted by
:
/the Admiralty...