CO537-3707 — Page 160

Draft

TELEGRAM/SAVINGRAM

To:-

GOVERNOR, HONG KONG, (for conson)

Mr.

Wallon 9/1

Repeated to—

A. Sin Sidney Adams 9/7

MT.

Mr.

Sidebsthan

Mr.

Parkin.

Mr.

Permt. U.S. of S.

Parly. U.S. of S.

S. of S.

To be transmitted :----

In-Clear

Code

Cypher

HM. Ambassados,

Nanking

File No.

54145/16/Pt.I

Sent.

Priority-

No.

NI.

Reply Xirgerikyy required.

ODOKED.

Immediate.

M6XXImmediaY.

748

hours.

.194...........

Confidential SexrotX Top Secret.

Distribution :-

Further action:

(253)

copies to Mr. A. L. Scott, F. 0. (4copies)

Mr. P.D. Martin (Min.Def. 2 copies)

Your telegram No. 606.

Kowloon City.

amme

H.M.G. is advised that if case were to

go before International Court, H.M.G. could

not (repeat not) successfully resist Chinese

claim to exercise jurisdiction in Kowloon

City unless upon the ground of military

requirement. As to this ground, it would be

necessary to establish some present of

apprehended contingency of a military

character which, from a military point of

view, rendered it impossible to agree to a

resumption of Chinese jurisdiction. It

would be for the Court to decide on this

M

point upon evidence of military experts on

each side subjected to cross-examination by

the other..

2. In the light, of this advice there can

be no question of our taking the case before minst avoid

avord guing the foot of the Court and any Chinese move to do so

FUR Mysty

Chenia grants for compte tw them hitake no to Courting

would-Glearly be unwelcome.

If therefore

we are not merely to let the matter slide,

which would leave Kowloon City as an

obvious opening for the Chinese to make

/trouble

Page 160Page 161