CO129-520-6 Railway development- Canton-Kowloon Railway 5-11-1929 - 5-11-1930 — Page 61

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so great and long continued has been the interruption

that there has been frustration of the "through trains"

provisions, or there has been a situation beyond the

contemplation of the Agreement. Such argument may be

weighty, but it seems hardly correct to say that the case

for the claimant is extremely weak, on the contrary it

appears to be a case worthy of frank and friendly discussion

by the Governments concerned.

eye of

If this matter were now being looked at with the

diplomacy I might be driven to decide that, China being so

desparately weak and there being a tendency, almost a competition, to yield to her weakness, any argument against the claim must be found and put into her mouth, and the claim extinguished for her in silence and in the hope that

resentment will not be cherished.

Looking at the matter with the eye of a legal adviser I say that, if extinction be decided upon, my advice is that the giving up be done gracefully in order that there may be graceful acceptance, and that the occasion be made

felicitous and the starting point of a closer co-operation and a more friendly and mutually profitable working of the two Sections. The occasion may not be at hand and may have to be awaited with patience, but I deem it better not to abandon this claim uselessly or improvidently.

On broad grounds of international equity and comity the argument provided may well lead to decision to give up the claim.

(Sd). H.K. Holmes.

Crown Solicitor.

Hong Kong.

24. 5. 30.