CO537-3711 — Page 43

makes the exercise of Chinese jurisdiction subordinate

to the defence requirements of Hong ong. Kis

majesty's Government must be the judges of those

requirements. Both in 1879 and on every other

occasion when the question was raised the British

military authorities have been consistently of the

opinion that Chinese jurisdiction is inconsistent with

those requirements and that is their view at the

present time. It way also be argued on the literal

interpretation of the reaty that if once the Chinese

jurisdiction is validly interrupted by „ilitary

requirements there is no right tv resume it.

32. The answer of liis zajesty's Government to what

appears to be the chinese argument that even if

Chinese jurisdiction may have to cede to the military

requirements of the defence of long hong, más

Fajesty's Covertment have no right to jurisdiction in

the City, is that the city was leased to His sajesty's

Government as well as the rest of the territory. Over

the rest of the territory His Majesty's Government

had sole jurisdiction which implies that over the

city His -ajesty'a 'Government had, or might in certain

circumstances, have some jurisdiction. This jurisdiction

might be concurrent with or alternative to the Chinese

jurisdiction.

33.

Mr. evin and kir. Greech Jones would be grateful

if you would take the above matters into your

consideration and if you would furnish them with your

opinion on the following questions:

(i; is the dispute a suitable one for

submission to the Intern tional Court of Justice'r

(ii) If so, whether is ajesty's Government

should initiate proceedings by application, without

Laking, or after having unde a speolai declaration

under the optional qiause on the lines indicated in

paragraph 21 above, or end-av.ur tɔ negotiate a

special....