TNAG-0581-FCO40-714-Boundaries-disclaimer-notes-for-maps-and-charts-of-Hong-Kong-1976 — Page 24

LODE II//

Mr Parry (Legal Advisers)

Reference..

RESTRICTED

DIRECTORATE OF MILITARY SURVEY MAPS:

1.

BOUNDARY DISCLAIMER

Please would you refer to Mr Holland's letter D/Svy 3/3/10 of 23 March, of which I attach a copy? You may recall that we were asked last year to advise on a new boundary disclaimer note for use on DMS maps: I attach for ease of reference copies of Mr Shepherd's letter of 9 October, my minute of 24 October, my letter of 3 November and Mr Shepherd's replies of 19 November and 4 December.

2. Paragraph 4 of Mr Holland's letter reports 4 American objections to the new boundary disclaimer note which we formulated last year. On these, I suggest, subject to your views, that we might tell the DMS to take the following line:

(a) The disclaimer could be redrafted to make it clear that it applied only

to the UK's position (see para 3 below);

(b) The disclaimer we proposed was deliberately drafted for use on all maps

to avoid confusion;

(c) Our original intention in drafting the disclaimer was to make it clear that maps were only to be regarded as authoritative where they refered to the United Kingdom itself, but I should be grateful for confirmation that the term "UK territories" does not normally cover the Dependent Territories. (I suspect that the DS and the Americans may have misunderstood the phrase see para 6 of Mr Holland's letter). If the phrase does include the Dependent Territories, point (c) poses a problem. We might initially approach this by asking the Americans to state the territories over which they dispute UK possession (e.g. the Phoenix Islands). If, as I suspect, United Kingdon territories"need not cover the Dependent Territories, then the point has no substance and we need simply explain to the DMS and to the Americans that the term "United Kingdom territories" ans the British Isles.

(3)

3.

I do not think the difference of practice between the US and ourselves in disclaiming the authority of maps need or should be reflected in a joint disclaimer on the maps themselves: in any case, I think the formula suggested in para 5 of Kr Holland's letter is unsuitable and inappropriate. The point is, surely, that whetle the raterial used in the map comes from UK or US sources, it is the publisher of the map who requires a disclaimer. Therefore, if a map is put out by our DMS, the UK's form of disclaimer should be used. If a map is put out by the US using British material, then their disclaimer may be used.

I suggest we could meet the point at (a) above and resolve the apparent misunderstanding about the sense of the phrase "United Kingdom territories" by redrafting the disclaimer thus:

the

A

"Maps produced under direction of the Director of Military Survey of the United Kingdom are not to be regarded as authoritative on boundaries or political status except in relation to the territory of the United Kingdom".

CC:

Mr. Janvrin, HKIOD

Mr Hyatt, Research Dept

יחי זיו

29/3/76

Ellen

E Clay

Defence Department