TNAG-0909-FCO40-1119-Legislation-for-immigration-into-Hong-Kong-1979 — Page 82

Reference

2.

(4)

(5)

in cases of suspicion, a merchant vessel on the high seas in order to assure itself of the nationality of the vessel. Apart from this, there is therefore very little in practice that the Royal Navy could do which would not amount to an interference with freedom of navigation.

While I do not dispute that the doctrines of "hot pursuit" and "constructive presence" are exceptions to the operation of Article 22, I still cannot see how they are relevant given that Hong Kong is surrounded by Chinese territorial waters. The doctrine of "hot pursuit" could never apply to offences committed within Hong Kong's territorial waters since "hot pursuit", which must be commenced within territorial waters, can only take place on the high seas and must cease as soon as the vessel enters the territorial waters of another state.

I would agree that the question of a contiguous zone for Hong Kong does not arise.

The last sentence of paragraph 4 of Hong Kong's letter seems to throw some doubt as to the extent of Chinese territorial waters. I assume there is no such doubt about this and it is indeed the case that there is no area of high seas between Hong Kong's territorial waters and Chinese territorial waters. The considerations in my minute of 20 September would apply to possible action in Chinese waters.

تعليمية

кувватливой

21 September 1979

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K J Chamberlain

Legal Counsellor