TNAG-1045-FCO40-1295-Hong-Kong-extension-of-territorial-water-limits-1981 — Page 4

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EXTENSION OF THE UK TERRITORIAL SEA

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On 15 June 1981, Mr Hurd anounced in answer to an arranged

''The Government support the provision in the draft convention on the law of the sea which envisages an extension of the territorial sea up to 12 nautical miles. The Government have set in hand the necessary preparations for United Kingdom legislation for such an extension. It is hoped that it will be possible to introduce this legislation in the context of the results emerging from the United Nations Conference on the Law of the Sea.'

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The background to this announcement is contained in the attached Guidance telegram. The main point is that domestic

environmentalist pressure is in favour of an early move to 12 miles and although no decision on the timing or content of the legislation has yet been taken, it may not be possible to postpone its introduction until UNLOSC has reached a clear conclusion.

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The FCO is the lead Department for the Bill. In preparing for the legislation, we would like to know of any problems to which an extension of the UK territorial sea in these circumstances might give rise. The most likely areas of difficulty are:

(a) dependent territories: as the Guidance telegram makes

clear, we will in due course be consulting with the administrations of the dependent territories as to whether their territorial seas should also be extended to 12 miles. Because of the different circumstances in individual territories it will be necessary to consider each case on its merits. The attached Memorandum sets out some of the relevant factors and I would be grateful if departments responsible for specific dependent territories could consider the political implications of an extension in relation to their territories and advise whether these considerations point either in favour of, or against, an extension. It would be useful to know, in particular, whether the local inhabitants would be likely to press for an extension, although addressees should note that we do not wish to enter into discussions with the territories themselves until we have reached a clearer view about the form which our legislation is likely to take;

(b) straits: our extension could have a bearing on the

passage of submarines, ships and aircraft through inter- national straits, as explained in the attached Memorandum. We have not yet decided how the legislation should deal with straits, because of the complication of the draft UNLOSC Convention. But it would be useful to have views

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