CO537-3707 — Page 79

1

(F 15540/154/10)

FOREIGN OFFICE, S.W.1.

8th November, 1948.

296.

RESTRICTED.

My dear Sidebotham,

At the interdepartmental meeting held on the 26th October to discuss the Governor of Hong Kong's

(293) telegram No.956 of the 20th October about Kowloon

X

Walled City some points were raised regarding submission of the dispute to the International Court or reference of the dispute to arbitration, and it was agreed that the Foreign Office should look into these points.

2. We have now done so, and I give you below the conclusions we have reached. I think however that I should first reiterate that we are not in favour of the dispute being either so submitted or referred, as the Law Officers' Report indicated that it was not likely that we should succeed in establishing our case on the interpretation of the Convention of 1898.

3. There seem to be three possible procedures by which the dispute about jurisdiction over Kowloon Walled City could be submitted to an international tribunal, namely:

(a) submission to the International Court by application, relying on the compulsory jurisdiction under Article 36 of the Statute of the Court;

(b) reference of the dispute to the International Court by the parties under paragraph 1 of Article 36 and Article 40 of the Statute; or,

J.B.Sidebotham, Esq., C.M.G.,

Colonial Office.

(c)/...