CO537-6036 — Page 73

Secretariat File: 26/5061/49

SAVINGRAM

To the Secretary of State for the Colonies.

From the Governor, Hong Kong.

Date

?nd

No..

54

June, 1950.

SECRET

13

X

Copy to 7.0. + Aduty (13716.).

Territorial Waters.

1.

Your secret savingram No.32 of 4th March, 1950.

The definition in Section 3 (1) of the Interpretation Ordinance 1950, which repeated in effect Section 39 (b) (1) of the Interpre- tation Ordinance 1911, has been amended by Section 52 of the Law Revision (Miscellaneous Amendments) Ordinance, 1950, of which a copy is attached. This action has so far evoked no comment. The Interpretation Ordinance 1950 has, however, not yet come into force under Section 44 thereof. Position therefore is that the old definition as in the 1911 Ordinance is still operative and will remain so until the 1950 Interpretation Ordinance as amended is put into effect. The 1950 Ordinance was drafted to serve the Revised Edition of the Laws, due to appear next year, but could if essential be brought into force without much further delay. Express re- enactment of certain amitted provisions of the 1911 Ordinance would however then add to my immediate legislative programme and I have some reluctance in taking this step.

2.

Meanwhile I have had under consideration the question of implementing the amended definition and of exercising control over the waters included within the sinuous line resulting therefrom. Up to now Police craft have adhered to the old square boundary. If you will refer to the chart forwarded under my secret savingram No.36 of 5th April, 1950, you will observe that there are two main areas of difference between the limits of the old "square" line and the "new" sinuous one. On the South East there is a "triangular" area of high seas inclosed in the square line but excluded by the "new" line. While it is true that in the past control has been exercised to a limited extent in this triangular area, little difficulty is anticipated in withdrawing therefrom and I have arranged for this to be done. The second main difference is on the western boundary where the "new" sinuous line encloses an area not included within the square line, over which it has not been the practice generally to exercise control, although recently naval (but not Police) patrols, have in fact been operating to some extent in this area. (I have received the chart sent under your savingram No. 389 of 18th April. The sinuous line shown thereon, while not identical with that shown on the chart which I sent to you, corresponds fairly closely and the differences do not affect the matter on which I now address you.)

る。

You will appreciate that the Western boundary of the

Colony, being close to the areas in which Chinese Communists and Nationalists are at the moment particularly active and where normally there is most traffic by trading vessels of all kinds en route to Macao, Canton and the Pearl River Delta, is the place where incidents are most likely to occur. In the absence of information that the Chinese authorities, Communist and Ivationalist, are aware of and accept the definition laid down in 1937 and communicated to the Japanese, and in view of the facts that the square line appears on all published maps and that in practice we have adhered to it generally for purposes of control for a long time, it must be anticipated that an extension of control into the additional area on the West (and to a lesser degree periana on the South) might be challenged by one or both of the Chinese authorities. If we catond our control in conformity with the "new". line it will clearly be impossible to retreat in the face of a challenge and there is a possibility that incidents may occur.

1950

As the "new" line results from the application of