CO129-604-4 Immigration- control over entry from China 7-3-1947 - 5-11-1947 — Page 11

since, until 1940, then long usage and acquiescence by the Hong Kong authorities would itself probably create a prescriptive right, aside from the Treaties. Further, if the freedom of entry meant freedom to enter Hong Kong without a passport or other entry permit, usually required of foreigners, the argument for prescriptive right would be even stronger.

Any Hong Kong Ordinances modifying the rights of entry to Hong Kong, which have been issued in the century before 1940, would of course be relevant to any claim or right by the Chinese.

You will have observed in Article 4(5) of the Chinese counterdraft of a commercial treaty a phrase providing that "nothing...shall be held to affect the freedom of entry into Hong Kong hitherto enjoyed by the nationals of the Republic of China". This provision seems to us to assert not only a right to freedom of entry into Hong Kong but a continuation of that right, notwithstanding the general provisions of the treaty. Of course, it may be a matter for argument what 'freedom of entry' means in this draft.

I am sending a copy of this letter to our Embassy at Nanking.

Yours sincerely,

Auscott

(A.L. Scott)