CO537-3707 — Page 123

OUTWARD TELEGRAM

FROM THE SECRETARY OF STATE FOR THE COLONIES

278

54145/16/40 Part III

Cypher (0.7.F.)

TO HONG KONG (Sir A. Gran then)

N

Sent 11th August, 1948. 23.45 hra.

(271)

IMMEDIATE

Secret.

Addressed Gor., Hong Kong.

Repeated H.M. Ambassador, Janking.

Your telegram No. 723.

Kowloon City.

1. You should know that ILM.G. are advised that if case wore to go bofore International Court, R.1.0, could not (repeat not) successfully resist Chinese claim bo jurisdiction in Kowloon City unless upon the ground of military requirement. Ae to this ground, it would be necessary to establish some present or apprehended contingency of a military cheraetor vidch, from a military point of view, bendered it impossible to agree to a bosumption of Chinese jurisdiction. It would be for Gos to decide on this point upon evidence of militery experts on each side subjected to orobe-excmination by the othet. It is doubtful whether it would be aufficient to say that in event of Communist attack, not anticipated ne likely to occur in Coreseeable future, Chinese jurisdiction in Kowloon would be a soume of danger or embarras2NON”.

2. In view of this opinion, H,N.G. have come to the conclusion that not only can there be no question of their taking the case to the International Court, but that they must also avoid getting themselves into a position where the Chinese might take the caec to the Court. In these circumstances, it is highly desirable that some compromise solution should be arrived at.

3. In these circumstances, do you wish to modify your views on Nanking telegram No.561 to Foreign Office?

Copies sent to:-

Foreign Office

Ministry of Defence Foreign Office

- Mr. A.L. Scott.

Mr. H.I. Wilson. Telegraph Section.