CO129-602-5 Limits of territorial waters 27-10-1949 - 9-12-1949 — Page 21

।+

(a) waters within 3 miles of the Colony's

territory and

(b) waters extending 3 miles to seaward of lines drawn from S.W. Point to Black Pont in

Deep Bay and from Fung Head to Mirs Point in Mirs Bay, the waters of both these bays within these closing lines being specially claimed as national waters properly leased by China.

It was not thought desirable in 1937 to amend the local Interpretation Ordinance to conform with this decision or otherwise to attract publicity to it but the Hapanese were told that these were the limits of territorial waters which we claimed.

5.

It is clear that this pre-war decision has been lost sight of in Hong Kong and that at present they purport to exercise jurisdiction in the whole of the waters defined in the 1911 Ordinance. As it happens, the present circumstances in Hong Kong are not dis- similar to those obtaining in 1937 and there is again the possibility of incidents (arising perhaps from the irregular use of Hong Kong waters be Chinese Nationalist warships or later by Chinese Communist vessels) in which our claim to exercise jurisdiction beyond thetcustomary three mile limit would be challenged. Our preliminary view therefore is that it will be more politic to limit the exercise of jurisdiction, as in 1937, to those waters which we could certainly claim to be territorial.

6. If such a decision is taken the final question arises whether it would be advisable, besides limiting jurisdiction in practice, to make public the

/new