230
3. Marine Miles of the shores of the Island,
2.
Mr Pauncefote having furnished me with the papers and his opinion on the subject, I enclosed transmit it because Mr. Pauncefote holds that in the narrow waters British Jurisdiction only goes to the centre where it is met by Chinese jurisdiction - each exclusive of and excluding the other.
3.
I am not convinced by the arguments advanced by Mr Pauncefote in applying to Narrow Seas the rules adopted in the case of rivers - viz division of the river by a line running down the middle of the channel. That is a necessary rule followed, I believe, as a corollary from the direct ownership of the soil in the bed of the river by the proprietors of each bank. Whereas, though a partial right to the soil of the Sea is occasionally asserted in Pearl and Oyster fisheries - it is of a nature totally different, because ownership of the beach conveys no right over the soil beyond low water mark.
4.
It would be very injurious to this Colony to limit the jurisdiction of its Courts to the line which Mr Pauncefote would draw - and if it be decided that his interpretation of the law be correct, I trust some arrangement may be made with the Chinese Government for
230
3. Marine Miles of the shores of the
Island,
2.
Mr Pauncefote having fiercesed.
these papers has favored.
rw
the subject,
me with the
and I
enclosed opinion transmit it because Mr. Pauncefole
holds that in the narrows waters ~
British Incisdiction only goes to tho- centre where it is met by Chinese jmisdiction- each exclusive of and excluding the other.
3.
I am not convinced
arguments
by
the
advanced by cllr Pauncefote
In applying to Nauno Seas the riles
adopted in the case of rivers - vizs
division of the river
by
a
a line running
down the middle of the channel. That
a n
али
necessary
rule followed I believe as a Corollary from the direct ownership of the Soil in the bed of the river by the perprietors of each bank. Whereas, though a partial right to the sail of the Sea is occasionally asserted in Pearl and Oyster fisheries- it is of a nature totally different, because ownership of the beach
over the Soil beyond
Conveys
mo
right
low water mark..
나.
It would be
this Colmy
to
very injurious to limit the jurisdiction of
it's Courts to the line which Im Panneefoli
would draw - and if it be decided that his interpretation of the law be correct, I trust some arrangement may be Made with the Chinese Government for
No comments yet.
Private notes are available after approval.