CO129-602-5 Limits of territorial waters 27-10-1949 - 9-12-1949 — Page 2

1.

Gor

tel 1144 Sec.

2

27-10-49

1-11-49.

2. C. G. Cards (Admiralty)

In (1) Hong Kong enquire whether they have the right to exercise jurisdiction in waters outside the boundaries laid down in the 1898 Peking Convention but within the usual 3 mile limit of their territory, such an example arising in the case of the west coast of Lantao.

I have been through a number of pre-war papers and I find that the question of the limits of Hong Kong's territorial waters was considered in 1935 and also in 1937-38 with particular reference to the Sino-Japanese hostilities. was then decided that, notwithstanding the boundaries shown in the 1898 Convention which in parts include waters far beyond the 3 mile limit, Hong

It

Kong should not claim jurisdiction beyond the normal limits of territorial waters recognised by international law. This decision was not accompanied by any amendment of the 1911 Interpretation Ordinance and appears to have been lost sight of in Hong Kong since the war.

However, now that Hong Kong's enquiry in (1) has raised the issue again, we must clear ly decide whether the instructions issued in 1937 limiting the extent of waters in which jurisdiction is claimed should be revived. It seems probable that it will be expedient to do so and, subject to Legal Advisers' views, we should I think raise the question with the Foreign Office and Admiralty as in the draft opposite.

I have flagged relevant references on the pre-war papers.

Bhadford

18.11.49.

Extent of tenitorial cators in genetly weognized

1.

at 3 miks,

I think the th

hat I

Chinese

Consider the extent to be 12 mites, & the Peking

Treaty dois not ine linke

2. I have

I zados

amended

h

beyond that to sefarct the

to set out

waters.

Laters

Fo

me in

questions

h

2 possible views

th

Lantas

a

M

is xi.

3. P.D. Coates (F.O) 4. C. G. Cards Catedry

45.

23-11049.