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(iv) Constructive presence and hot pursuit (paragraph 4). practical limitation on the usefulness of either of these doctrines is, as Mr Chamberlain points out, the fact that there are no substantial areas of high seas adjacent to Hong Kong territorial waters except possibly towards the south-east, which I assume is not the direction from which boats carrying illegal immigrants usually come. ('Possibly' is a necessary qualification since the question of maritime limits in the neighbourhood of Hong Kong is extremely complicated, and virtually no statement on the subject is immune from challenge.) On all other sides, Chinese territorial sea limits appear to be contiguous with those of Hong Kong, with only small, iso- lated and irregular pockets of high seas intervening in a few areas.'
3.
I should be grateful if you would in due course let us know what further action, if any, you intend to take concern- ing the Sections of the Ordinance under discussion.
I am copying this letter to Mr N J S Abbot, DS5 in the Ministry of Defence, and to Mr David Wyatt in our Maritime, Aviation and Environment Department.
4.
cc:
P J Williamson
Hong Kong and General Department
Mr NJS Abbot
DS5, Ministry of Defence
Mr Wyatt, MAED
(enclosing Mr Williamson's letter of
16 October to Mr Barnes)
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