CO537-3706 — Page 72

need for the actual exercise of

jurisdiction and consequently the

practical importance of this trouble-

some question. Under our proposals,

the Hong Kong Government would continue

to exercise jurisdiction in that area

as they have for the past 50 years.

But, as already indicated, the

occasions for exercising jurisdiction

would, we hope, be ́rare.

We feel that

we can scarcely be expected to go to

the length of conceding the Chinese

claim to jurisdiction, contrary to

what we consider to be the proper legal

position.

Moreover, apart from the

legal aspect, it seems to us that the

exercise of jurisdiction by the

Chinese Government in this area of some

62 acres which is situated within

20 miles of the borders of Hong Kong

would give rise to considerable

practical difficulties, and might indeed

itself prove to be the cause of

incidents which we, and we feel sure,

the Chinese Government are so anxious

to avoid. However, since the Chinese

Government apparently consider that

the jurisdiction issue must be settled

now whatever its present or future

practical importance, there seems to

be no alternative but to refer that

question to the International Court.

We are accordingly prepared to agree

to the adoption of that course, much

as we regret that two great nations

like

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