CO537-3711 — Page 15

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deciding whether the case of military requirements was ade-

quately made out by Great Britain. e would have thought that

to litigate this matter before the International Court and

support it by evidence consisting of the opinions of British

military experts which would be subjected to cross-examination

at the instance of the Chinese would involve considerable

disadvantages from the point of view of security and similar

considerations.

o are asked whether, if it were desired to bring the

matter before the International Court, Great ritain should

follow the course adopted in the care of British Honduras by

depositing an acceptance of the Court's jurisdiction in

relation to the present dispute. In view of the fact that

the United Kingdom leclaration made on the 28th February, 1940,

applies only to disputes arising after the 5th February, 1930,

we think that it would be desirable to file such a further

acceptance of the Court's jurisdiction.

e accordingly proceed to answer the questions put to us

as follows:

:

1. We think that the Chinese case would succeed unless the

British refusal to allow resumption of Chinese jurisdiction

could be justified on the ground of military requirement. For

the reasons givon we think that it would be inconvenient to

litigate this latter question before the Court, since it would

be for the Court to pronounce upon evidence of military experts

on each side subjected to cross-examination by the other,

whether or not the defence of military requirement had been

made out, it is

it is, of course, possible that the British

authorities would not object to such a course, but we would

have thought it unlikely, and accord ngly dra. attention to

this anje ct of the matter,

2./

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