CO537-6036 — Page 43

OUTWARD TELEGRAM.

FROM THE SECRETARY OF STATE FOR THE COLONIES.

22

53848

Code

TO HONG KONG (0. A. G. )

Sent 27th July, 1950, 13.00 hrs.

PRIORITY

IMPORTANT

No. 1183. Secret

Your savingrem No. 57 Secret.

Territorial Waters.

I am advised that the interpretation of international law and custom in first sentence of your paragraph 4 is legally correct. In practice however if we were involved in a dispute our position would be almost indefensible since it could be pointed out that the existing laws of Hong Kong: contradicted this proposition.

2 It is from legal standpoints therefore necessary that if patrolling is to continue in South West area of Hong Kong waters amended ordinance should be brought into force as soon as possible. But your savingram was sent before outbreak of war in Korea and your telegram No.840 indicates that situation on frontier is delicate. Do you consider that enactment of Ordinance forthwith would be likely to cause stronger communist reaction than if patrols were involved in an incident before ordinance was passed?

3. Taking account of the above, do you consider that patrolling as in my telegram No. 1018 should continue and do your military and naval advisers consider patrolling of South West area necessary for proper defence of Colony.

Copies sent to:-

Foreign Office Admiralty

Mr. Trench

Mr. Dodds