CO537-3706 — Page 66

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be permitted. No action would be taken by the Hong Kong Government within the area unless events therein created an immediate danger to public law and order or health, e.g. an epidemic of cholera. Under the second alterna- tive it would of course be necessary to clear the area as a preliminary to converting it into a Garden of Remembrance. Whichever alternative is adopted we sincerely hope that the Chinese Government would accept the necessity for any administrative measures which the Hong Kong Government might have to take in the area pending the Court's decision, and would take active steps to ensure that such measures were not made the subject of public agitation in China. Further that, in the event of the adoption of the first alternative,, they would not aggravate the position by sending in comfort missions, etc., to the squatters who are now in the area and who would be allowed to remain there under that alternative, pending the decision of the Court. We should accordingly like to know (a) whether the Chinese Government agree that the question of jurisdiction should now be referred to the International Court on the understanding that pending the decision of the Court they would co-operate with us to the full in seeing that the area was not made the subject of incidents or agitation in China; and (b) whether they wish to express any views on the two

alternative