CO129-604-6 Immigration- control over entry from China 1-1-1947 - 4-1-1950 — Page 48

was dealing with jurisdiction over Kowloon Walled City, should be read in the light of the Order's preamble. Even assuming, however, that the Order might be interpreted as purporting to terminate the right to use the road I should not have thought that, having regard to the advice of the Law Officers in relation to jurisdiction over Kowloon Walled City given in their report of the 24th June, 1948, we should rely on the Order as a good answer to any claim based on paragraph 2 of the Convention. Moreover, even if military requirements for the defence of Hong Kong justi- fied the exercise of jurisdiction by Hong Kong authorities over Kowloon Walled City, it would not

necessarily follow that this justified the abrogation of the Chinese rights to use the road from Kowloon Walled City to Hsin-an. The right to use the road appears to be quite separate from the exercise of jurisdiction.

4. We are therefore inclined to think that the relevant sentence in the Convention does involve a limited right of access to Kowloon Walled City,

/but

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