CO537-4800 — Page 47

I undore as Aurex TN to this

despatch General Assembly document A/AC.28/SR.2/ Cor. 3 dated the 14th September, 1949, which

contains MR. Li's

coni gendum.

to be transmitted on Kowloon and the New Territories, as sovereignty over those

territories rested in the Republic of China".

As the

Committee had by then dispersed, there

was no further opportunity for reply

•

Un matter i

4. On the question of sovereignty, Ham

not entirely free from doubt, but I am

advised that there ain inflamational count

can be no doubt that,

would pro love how heat.

during the currency of the lease, His

Majesty exercises sovereignty over the leased

territories;

and that while in strict law

the leasing state retains a reversionary

property in the territory,

that fact does

on

283/284 54145/16/48 TH

not impair the de facto and de jure sovereignty

This is however In view of

of His Majesty in the meantime. subject to mara hai in regard to the the doubt which exists about jurisdictional

See in this rights in the walled city of Kowloon, however, connection my Secret Savingram No. 200 of the 10th (see the Law Officer'e opinione in (deal with a in Eanager ffin Confidential Priist September, 1948)

paper B. 6995/454/10 of the 24th June,- 1948)

thought

and it was not possible to instruct the United

Kingdom Representative in the Special Committee

wholesale

to make a categorical denial of Mr. Li's

statement regarding sovereignty; moreover,

entinly

questions of sovereignty are right outside

the competence of the Special Committee.

5. On the narrower question of the transmissix

of information to the Secretary-General under

Article 73 (e) of the Charter, however, I am

estion about ten position. advised that His Majesty dove nment are

then can be

{at}

ground: The obligations contained

in Article 73 are based not on the exercise

of sovereignty but on the exercise of

administrative responsibility. As

is no doubt

exists that His Majesty's Government are

de facto and de jure responsible for the

administration of Kowloon and the new

Territories, and as these territories have

not