TNAG-0121-FCO40-157-Kowloon-walled-city-and-adjoining-areas-1970 — Page 33

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CONFIDENTIAL

see muuta.

Mr. Gaminaga (Hong Kong Dept.)

Mr. Murray

Kowloon Walled City

The attached paper covers a draft scheme prepared by the Defence Branch of the Hong Kong Government for possible measures to exploit an emergency

such as

a fire, building collapse in the Walled City.

Status of the Paper

2. The status of the paper is not wholly clear from the paper itself and its attachments. I note that it was prepared on 6 November and I think that it is a pity we did not see it earlier. It looks at first sight as though the Committee may well have approved the scheme, but I think that we should first of all ask Mr. Maddocks to clarify what point has been reached in the decision-making process.

Premises of the Paper

3. Clearly if a major emergency occurred in the Walled City the Hong Kong Government will be obliged to take immediate steps to safeguard life and property. On the other hand the underlying premise of the paper appears to be that if such an emergency did occur the Hong Kong Government should consider ways of exploiting the situation to make a public demonstration of its jurisdiction over the area. I recognise that the paper only contains a contingency plan which would be subject to review before implementation. At the same time I think it important that we make clear at a very early stage that:-

(a) the F.C.0. should be consulted as soon as any

action over and above immediate remedial measures is contemplated, and should be given an oppor- tunity to decide upon the advisability of this action in the wider interests of Sino-British relations;

(b) the chances that the F.C.O. would be prepared to sanction such action are remote at present.

4.

Jurisdiction over the Walled City is one of the most sensitive issues in China's relations with Hong Kong and therefore in Sino-British relations. Whenever the problem of jurisdiction has been put to the test in public the Chinese have protested against actions proposed by the Hong Kong Government. The plan for the development of the Nunnery site was specifically designed to avoid touching upon the thorny issue of jurisdiction. If we were to bring up this issue at the present time or in the foreseeable future this might have serious repercussions over the whole spectrum of Sino-British relations including the treat- ment of British subjects and our Mission in Peking and Sino-British trade, let alone its effects on the position of Hong Kong. The advantages to be gained by a public demonstration of authority do not seem to go any way towards compensating us for the difficulties which would ensue. We have already made it abundantly

CONFIDENTIAL

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