CO537-6036 — Page 74

SAVINGRAM

To the Secretary of State for the Colonies.

From the Governor, Hong Kong.

Date

No.

Page 2.

SECRET

Y

international law and custom to the land masses and the two areas of water enclosed within the square line and leased or ceded to us by the Peking Con- vention of 1898, it seems to me that in fact this "new" line must have existed ab initio and still exists regardless of the definition in the Inter- pretation Ordinance 1911 repeated in the Interpretation Ordinance, 1950. therefore appears that we are entitled on accepted grounds of international usage and convention to implement the "new" line without waiting for the amended Interpretation Ordinance, 1950, to be come effective and the question whether or not to extend our control is purely one of policy.

It

5.

As I have indicated above, naval craft have been operating outside the square line on the West and within a line roughly corresponding to the "new" line. The Police on the other hand have kept roughly to the square line. If we do not now extend our control gradually and carefully to the new line on the West and South, it is not improbable that it will become increasingly difficult to do so as the Communist authorities become more firmly established and better organised. Furthermore the "new" line gives us a much more satisfactory boundary on the west compared with the square line which appeared to deny us a passage in our own waters around the S.W. end of Lantau Island. (In this connection it may be observed that the map "Ilind 1086 Sheet 84, 2nd Edition" prepared during the war by the U.S. Army shows the "square" line at this point running some distance from the shore line.

6.

I conclude therefore that it is advisable to start exercising Police control in accordance with the new line without delay and I have accordingly arranged that control shall be gradually and carefully extended up to the limits of the new line. As, however, it is possible that incidents will occur, involving naval or police craft, if our control is challenged, I shall be grateful for an early indication of your approval of this course.

7.

With reference to the chart forwarded under your savingram No.389 of 18th April, 1950 I observe that an area of territorial waters is shown around "Gap Rock", the small island at the south-western end of the Lema Islands. I am unaware of any grounds on which this area can be claimed, as Gap Rock is, and always has been, Chinese Territory. Before the war we maintained a lighthouse there by arrangement with the Chinese- authorities, but it has not been re-established since the war.