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result of this departmental consideration. The passage inset in paragraph 2 of the draft contains, in outline, our suggestions for the terms of the next communication to the Chinese Government. The main point of departure from the Governor's views is the introduction, for the reasons given in paragraph 3 of the draft, of a proposal to proceed with the Garden of Remembrance, as an alternative to the maintenance of the status quo, whilst the question is under reference to the International Court. A further point of variation is that the Governor suggested that the Chinese should be informed that we now intend to put the question of jurisdiction to the International Court whereas we should propose to say that there seems to be no alternative but to refer the question to the Internațional Court. The latter really represents a compromise between the Governor's view and our original view, which I believe the Foreign Office still hold, that, as a matter of tactics, we should do no more than indicate to the Chinese that if they wished to take the matter to the International Court themselves, we should raise no objection.

4.

The only other comments which I need to make in submitting this draft are, I think, (a) it has been seen by Sir Sidney Abrahams who has no objections to its terms, and (b) that Mr. Scarlett of the Foreign Office told me that they had decided to get the opinion of the Law Officers of the Crown on the strength of our legal position in the matter of the exercise of jurisdiction within the Walled City of Kowloon. For the reasons given in paragraph 6 of the draft it would, I think, be worth while proceeding with the consideration of the terms of our next communication to the Chinese Government, while the question is under reference to the Law Officers.

5.

I should be glad to know whether the line taken in my draft to Mr. Scarlett is approved.

H. Mar

17.3.48.

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