TNAG-1045-FCO40-1295-Hong-Kong-extension-of-territorial-water-limits-1981 — Page 7

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MEMORANDUM

CONFIDENTIAL

TERRITORIAL SEA BILL: OUTSTANDING PROBLEMS

3

1.

The legislation to extend the UK territorial sea from 3 to 12 nautical miles will deal with the following points:

(i)

(ii)

(iii)

(iv)

(v)

(vi)

(vii)

extension of the breadth of the territorial sea from 3 to 12 nautical miles;

establishment of median lines with neighbours within 24 miles, subject to a power to establish a definitive line by Order in Council;

a statutory power by Order in Council to establish the baselines of the territorial sea (i.e. the lines from which the 12 miles will be measured), concerning which the main instrument at present is the Territorial Waters Order in Council 1964 made under the prerogative;

special provisions, if any, concerning straits;

provisions adapting other legislation which relates to the territorial sea, such as customs, inland revenue, shipping and criminal law generally, (especially the Territorial Waters Jurisdiction Act 1878);

adjustment of the continental shelf designated areas to take account of the extension;

provisions for the avoidance of doubt clarifying title to mineral resources in the territorial sea;

(viii) provisions concerning subordinate instruments referring to

the territorial sea;

(ix)

(x)

(xi)

2.

power to extend to the Channel Islands and Isle of Man;

power to extend to dependent territories;

provision for the date of entry into force to be established by Order in Council, the probable date being 12 months after Royal Assent.

Most of the content has been agreed in inter-Departmental correspondence, but no decision has yet been taken on straits (see para. 1(iv) above). The draft Convention being negotiated at the UN Law of the Sea Conference envisages that a special ''transit passage'' regime would apply in straits used for international navigation (where

/there are

CONFIDENTIAL