CO129-564-1 Sino-Japanese War- landing of foreign military aircraft in Hong Kong 8-10-1937 - 26-12-1937 — Page 19

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Mr. Duncan and I attended this morning a

meeting at the Foreign office with representatives

of the Admiralty, War Office and Air Ministry for a

discussion on certain questions affecting the

territorial waters of Hong Kong.

A draft telegram to the Governor had

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already been circulated, to the Foreign Office and the

Admiralty, to tell him that His Majesty's Government

considered it desirable in present circumstances that

in practice the Colonial Government should do nothing

to suggest that a more extensive area of territorial

waters was claimed beyond limits which were generally

recognised by international custom, viz:- approximately

and a three mile limit of territory or national waters.

That telegram has now been agreed upon by the

Departments concerned and has been circulated for

final approval here.

The more particular question of Mirs Bay

and Deep Bay was then considered and the right of

Chinese vessels of war to use those waters under the

terms of the 1898 Agreement with China for the lease

were of the New Territories, whether China was neutral or

otherwise. Mr. Fitzmaurice, Foreign office, who was

presiding at the meeting, referred to the apparent

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intentions of the Chinese as to the meaning and

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purpose of this provision in the 1898 Agreement at

that time, viz:- that it had an anti-piracy purpose.

If we were to conduct ourselves in Hong Kong as

though a state of war existed in China this particular

Treaty right of Chinese warships in Mirs Bay and Deep

Bay would have to be interpreted by us in a restricted

fashion, and it was further very desirable to do so

to