INWARD TELEGRAM
This document must be paraphrased if the communication of its contents to any person outside Government Service is authorised.
TO THE SECRETARY OF STATE FOR THE COLONIES
28 OCT 1949
COPY FOR REGISTRATION
Typex
FROM HONG KONG (Sir A. Grantham)
28 OCT
1949
H
D. 27th October 1949. R. 27th
#
12.55 hrs.
No. 1144
Secret.
ΠΛ
Section 39 (part 4(b) of the Interoretation Ordinance No. 31 of 1911 defines "Colonial waters" and "The Colony". Definition of "Colony" gives the boundaries so as to include "National waters". Consequent on evacuation of Nationalist troops from border area and because of Nationalist blockade of Canton or possible communist blockade of Colony the question has arisen as to right of naval or police patrols in particular to exercise jurisdiction within marine league of western coast of Lantao, the Colonial boundary at that point being described in proviso to definition of western boundary of Colony. Am advised that expression "Waters appertaining thereto" in that proviso refers to waters in inlets and bays being national waters included within general Colonial boundaries.
2.
Because boundaries of the Colony have been settled as result of treaty, notably Peking Convention 1898, doubt is felt as to whether claim to extension of jurisdiction to territorial waters could be sustained if challenged, except possibly on case of actual offences, to reliance on Territorial Waters Jurisdiction Act, 1879 and owing to loss of records it is not possible to know whether rights over territorial waters in addition to national waters were acknowledged at time of Peking Convention or later.
3.
Would be grateful or any information in your possession or that of Foreign Office or Admiralty regarding this aspect. It is thought that the most recent occasion when problem may have been considered occurred about 1938 in connection with Japanes・ activities against junk traffic
western coast of Lantao.
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