CO537-6036 — Page 89

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consultation with the Foreign Office and Admiralty, the 1937

interpretation of the Peking Convention has been reaffirmed but

it is recognised that this interpretation will be difficult to

uphold unless the definitions of "the Colony" and "Colonial

Waters" in the Interpretation Ordinance are suitably amended.

I am advised that such amendments would be difficult to justify

if in practice jurisdiction has in the past been exercised

outside the normal limits of territorial waters (as I presume

fact it has Nevertheless, subject to your comments, I consider

that the necessary amendments to the Ordinance should be made

Charter of without delay as unobtrusively as possible.

3.

.218,

(3)

It would of course have been most opportune to incorporate

these amendments in the new Bill referred to in my Telegram No.2

but as you know I was not aware of this Bill in time to delay its

be final stages. However the amendments, which need not/complicated,

Coubel

ean perhaps be presented as further necessary modifications

of the 1911 Ordinance which were overlooked when drafting the new

Bill.

It would, I consider, only be necessary to make it clear

that "Colony" means the whole area of land and the whole of

Deep Bay and Mirs Bay lying between the boundaries specified,

together with the territorial waters pertaining thereto, and that

"Colonial Waters" include territorial waters.

4.

Pending consideration of your comments on this question

and until any changes in the Interpretation Ordinance which are

agreed upon become effective, you should,by/administrative

suitable

suspend instructions, to the Water Police and Revenue authorities, avoid

te_the_Water

beyond

the exercise of jurisdiction between the limits of territorial

ccepted

Over

waters except by international usage. In the case of Hong Kong

described

these waters may be defined generally as

water: within the thir

(a) waters within three miles of the Colony's land,

(b) Deep Bay and Mirs Bay, specially claimed as National

waters, together with territorial waters extending

three miles to seaward of lines drawn closing both

these Bar

Ister

mile limit

-following the sinuosities

of the Colony, coast together with territorial waters extending three miles

to seaward of lives drawn closing Deep Bay and Miss Bay (which are themselves claim as national waters)

accurately

It will of course be desirable for these waters to be charted by

:

/the Admiralty...