TNAG-1208-FCO40-1511-Compulsory-acquisition-of-land-in-the-Kowloon-Walled-City-1982 — Page 31

11

SECRET

Foreign and Commonwealth Office

London SW1A 2AH

RP Margolis Esq

Deputy Political Adviser

Government Secretariat

HONG KONG

な

Telephone 01- 233 4439

Your reference

Our reference

Date

28 October 1982

18

KOWLOON WALLED CITY

No

HKK 361/1.

7ff29/10 Af29/10

I am sorry for the delay in replying to your teleletter of 8 September; we have been extensively researching the legal issues involved.

1.

2.

We have no objection to the proposed legislation referred to in paragraphs 2 and 3 of your teleletter of 8 September, 1 provided there is no specific reference to the Walled City, and no intention for the time being of exerting jurisdiction there.

3.

I attach copies of minutes from the Department's Legal Counsellor dated 30 July (in which he expresses certain preliminary views) and 1 October. In the latter he concluded, on the basis of the historical material we were able to produce, that the extent of the UK's rights under the treaties to govern the Walled City was uncertain.

4.

Attempts to exert our own jurisdiction in the Walled City by compulsory acquisition of land from its inhabitants would therefore run some risk of reviving an unresolved dispute at a very inopportune time. We would be grateful, therefore, for confirmation that you do not intend making any acquisition orders under the proposed legislation in respect of the Walled City.

Cc:

:

R J F Hoare

Hong Kong and General Department

F Burrows Esq, Legal Advisers, FCO K Walker Esq, Research Dept

SECRET