CO537-3706 — Page 75

alternative to the maintenance of the status

quo for the period pending the decision of

the Court. The Governor proposes only the

maintenance of the status quo, but we think

that there would be some advantage in

m.

putting the Garden of Remembrance as an

communication

thi

alternative to the Chinese. If they agreed

to this alternative and were prepared to

co-operate in seeing that the measures that

would have to be taken to clear the area

were not made the subject of agitation in

China, it might turn out to be a more

satisfactory procedure from our point of

view, particularly if the reference to the

International Court was likely to take some

time. The second point relates to the

doubts expressed in paragraph 4 of the

Governor's telegram about publicity at

this juncture. These doubts would not,

I think, apply to the inclusion in our next

communication to the Chinese of the

reference to publicity suggested above.

There might be some advantage in our

reminding the Chinese Government of the

likelihood of publicity at this stage, and,

indeed, it might be only to fair to do so.

4. As regards the assumption made in

paragraph 2 of the Governor's telegram,

we think that we can safely say that we

could successfully resist any attempt to

introduce consideration of the merits of

the lease of the New Territories in any

proceedings before the International Court.

Further that, insofar as the legal aspect

of the lease is concerned, any pronouncement

by

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