CO537-3711 — Page 74

NOTHING TO BE WRITTEN IN THIS MARGIN.

Paper D, No. 2

attached.

requirements of Hong Kong. The present views

of the Service Departments are....

•

It is submitted, therefore, that the Chinese

lost the right for their officials to continue

to exercise jurisdiction in Kowloon and that,

having once lost that right, they are not

entitled to the restoration of the jurisdiction

of these officials, or, if they have such right,

that the decision as to whether the restoration

can be made so as to be consistent with the

defence requirements of Hong Kong is one that

falls to be made by the Government of the .

United Kingdom.

31.

Finally, it may be possible to establish

as a matter of fact, that the exercise of juris-

diction in Kowloon City by Chinese officials

would be inconsistent with the military require-

ments for the defence of Hong Kong.

32.

Mr. Bevin would be grateful if you would

take the above matters into your consideration

and if you would furnish him with your opinion

on the following questions:-

Whell

(1) Is the disputej a suitable one for

submission to the International Court of

Justice?

(ii) If so, whether H.M.G. should initiate

proceedings by application or endeavour to

negotiate a special agreement for submission to

the International Court.

(iii) Whether H.M.G. would have a good

prospect of succeeding before the International

Court?

Mr. Bevin/