TNAG-1208-FCO40-1511-Compulsory-acquisition-of-land-in-the-Kowloon-Walled-City-1982 — Page 54

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surveys referred to in the second sentence of the 1898 Convention cover that operation, or was it regarded at that time as of little or no practical consequence? The map annexed to the 1898 Convention is not too clear, and bears Chinese writing which I should like to see translated. Was it perhaps fixed in 1860?

Until the international legal position is clarified it is difficult to express a view on the proposed domestic legislation. However, if we can establish an international right to do what is proposed I would not expect there to be much domestic legal difficulty.

Whatever may be the legal position, the department may like to consider whether it would be politically wise for the Hong Kong Government, on the eve of the Prime Minister's visit and the opening of negotiations on the future of Hong Kong, to enact legislation which is so closely linked to one of the more controversial provisions of the 1898 Convention. I imagine that we would not wish at this juncture to invite Chinese attention to these provisions, particularly since it is by no means clear that we have honoured them in the past. Would it be better to let this sleeping dog lie for a while?

J. Burrows

F Burrows

Legal Counsellor

30 July 1982

cc: Sir I Sinclair

Mr Rushford

CONFIDENTIAL