TNAG-1346-FCO40-1776-Proposed-realignment-of-the-Shenzhen-River-1984 — Page 14

CODE 18-77

Reference

CONFIDENTIAL

7. Whichever of these courses were adopted, the Memorandum of 19 March 1899 need be no obstacle. That document does not say who signed it in the Council Chamber, Hong Kong, but the passage at p. 54 of Peter Wesley-Smith's "Unequal Treaty" suggests it may either have been signed by Stewart Lockhart and Wang (the British and Chinese officials charged with demarcating the boundary), or have been based on a bilateral document signed by them on the same day. However although there seems to have been a bilateral memorandum demarcating the boundary, it could be changed by implication, by one of the methods described above.

8.

Before reaching a decision the Department may wish to ask for a detailed map of the proposed realignment, in order to confirm that any transfer of territory really would be de minimis, as I have assumed throughout this minute. Hong Kong will also no doubt be considering the effect of all this on the inhabitants, (if any) and owners of the affected land. Questions on the status of the patrolling forces would only arise if it were to be agreed that the boundary should be unchanged, yet patrolling should be up to the bank on each side of the river.

9. Finally, I note from Peking telno 70 of 16 January that they wish to avoid any discussion in Peking. The procedures suggested in paras 4 and 6 above need not involve any.

Ұ. Виполо

25 January 1984

F Burrows

Legal Counsellor