TNAG-1045-FCO40-1295-Hong-Kong-extension-of-territorial-water-limits-1981 — Page 5

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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CONFIDENTIAL

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from departments concerned as to whether our extension could create problems in relation to the passage of vessels and aircraft through major international straits, such as Gibraltar, Hormuz and Malacca and how serious these problems might be. This will depend to a large extent on whatever policy we decide to adopt on transit passage through our own straits, but it would be helpful to know the degree to which legislation on our part might be expected to affect the views of states bordering major international straits;

(c) maritime disputes: the UK has hitherto taken the view that the

breadth of the territorial sea, not only round the UK, but also in the rest of the world, is 3 nautical miles. However, many countries have now extended beyond 3 miles (see attached list). Some of these claims are subject to dispute. It would be use- ful to have a view on whether our action in extending our own territorial sea to 12 miles would have any effect on such disputes (eg in the Aegean). A number of states which have been traditionally connected with the UK, eg in the Gulf and Far East, have maintained 3 mile limits, despite the general move to 12 miles. Would our action be likely to lead them to extend to 12 miles as well and if so would this cause any problems for us? In the Community, only France and Italy have so far extended to 12 miles, although the Commission proposed a general extension to 12 miles after the Amoco Cadiz incident in 1978. It would be useful to know whether an extension to 12 miles on our part would be likely to stimulate other Community countries to extend.

It would also be useful to know whether there are any particular time factors which would make it desirable to delay or advance the introduction of the legislation.

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Please address any comments to Mr Mohan (MAED, G67/B/1), copying them to Mr Darwin (Legal Advisers, K159) by 15 September.

MARITIME, AVIATION AND ENVIRONMENT DEPARTMENT

11 August 1981

CONFIDENTIAL

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