CO129-602-5 Limits of territorial waters 27-10-1949 - 9-12-1949 — Page 25

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considered by the Admiralty, Foreign Office

and Colonial Office in 1937. It was recognised

then not only that the boundaries shown in

the map attached to the 1898 Convention

excluded certain places what would normally

be the territorial waters attached to part

of the territory leased but also that those

boundaries included waters well beyond the

customary three mile limit accepted by

international usage At that time H.M.G.

in 1937,

were concerned to avoid incidents whibh might

Although I now understand hat the Chinese consider the Shrikes to be the extent of

teritorial waters. The

Legal Adviser office advised that ofte

Foreign

compromise their neutrality in the struggle Consultation with the Adminiltingg between Japan and China, and Hong Kong were at th

therefore instructed not to give the appearance

Liks

Fin24

wa marking On the map was

mistanding and merely a delimitation of the of claiming jurisdiction beyond the limits of within which all territory in kased, national or territorial waters properly accepted Comse the normal territorial

and accompanying the taitoy, of

by international custom. Such waters, in the

case of Hong Kong,were defined generally as

follows:-

(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

Lakes.

illustrated this by reference to the mess showing Antmetic claims which included

0/138/10 2232

flis,

I'm big 1937) W

A

On the other hand, it is obvienaly

tenable theory that, th

that the marking On the mat was

delibrate and that. Hng, tống

in exclusid form exercising Black juisdiction in the wation west of

bentas which would then fremmabig be and Chinese sovereignty-

first question therefor ether the to shield be grateful for your

1937, opinions can still

Point in Deep Bay and from Fung Head to

Mirs Point in Mirs Bay, the waters of both these bays within the closing

lines being specially claimed as national be maintained.

waters properly leased by China.

It was not thought desirable in 1937 to

Rises

oh which

адис

34.4 1937 opinia and

The question thin to the right whether Hong kong should excrcise

jmisdiction within the full limit of th within the three mile limit feiten

map or aly

amend the local Interpretation Ordinance to conform

with this decision or otherwise to attract

publicity to it but the Japanese were told that chading or excinding the waters

these

west of Kantes).