TNAG-1346-FCO40-1776-Proposed-realignment-of-the-Shenzhen-River-1984 — Page 12

CODE 18-77

Reference

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医

Тик

MK

Mr Hoare HKD

HKR

098/2

CONFIDENTIAL

PA

095/1

see (8)

(100)

втроём,

σ

cra 27/1

RECEIVED IN REGISTRY

30 JAN 1984

DESK OFFICER

WORX

PA

NO

в

RECISTRY

Action Taken

THER

HONG KONG BOUNDARY: PROPOSED REALIGNMENT OF THE SHENZHEN RIVER

TO PREVENT FLOODING (HONG KONG TELNO 75 of 11 JANUARY)

1.

The Shenzhen river is not part of an international boundary in the ordinary sense of a dividing line between territories under the sovereignty of two different states. It divides that part of the territory under Chinese sovereignty, which has been leased by international agreement to the United Kingdom, from the rest of China. It is uncertain therefore how far the rules of international law concerning the effect on territorial sovereignty of a realign- ment of a truly international river are relevant.

It may nevertheless be useful to seek to apply them by analogy in order to see what effect such realignment may have on the territory which should be regarded as leased to the United Kingdom until 1997.

2.

Unfortunately there are divided views about the position in international law when a river's course is changed. Sörensen (Manual on Public International Law, 1968) takes the following view on pages 321-2:

"The acquisition of title to territory as a result

of geophysical changes is called 'accretion'. If, for instance, an island is built up in the coastal area of a state, it belongs to that state. Accretion may also result from landslides on one bank of a boundary river and additions made to the other bank, as well as from changes in the course of a river and other phenomena resulting in a manifest extension of land territory. Since it is usually on a small scale, this enlargement of territory takes place without a formal act of assertion of title."

Brownlie (Principles of Public International Law, 1979) takes a different view at page 156:

"The usual assumption in the books is that accretion

is a distinct 'mode of acquiring territory'. However the general observations to be found under the heading are to be treated with reserve. Whenever, as, for example, in the case of boundary rivers and delta systems, the presumption of unchallenged occupation does mt arise on the facts, accretion ceases to be a root of title."

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