I
HWB 3/3
LAST
CONFIDENTIAL
8 June, 1967.
75
76
176
REF.
HEXT
REF.
Will you please refer to your letter L/M in TS.XI/52
of the 9th March addressed to Ross about the possibility of a Portuguese request to allow the Macao garrison to come to Hong Kong Your immediate purpose was to get the Foreign Office line on rights and responsibilities under international law in the event of a state of belligerency existing between China and Portugal. We have consulted the Foreign Office and the position is as follows.
As far as treaties with Portugai are concerned we are, by a treaty of 1899, under a general obligation to defend Portuguese territories and colonies against all enemies of Portugal. We have in general maintained that Her Majesty's Government reserve the right to judge all the circumstances under which any appeal might be made to them by Portugal for help, but it would in theory be difficult to get out of our obligations gracefully if the Portuguese insisted on the terms of the agreement. However, a lot of water has flowed under the bridge since you wrote your letter and the Portuguese must be aware that our position in Hong Kong is such that any practical help we could give them as allegs would be of little avail.
All this presumes that a formal state of war existed between Portugal and China. As you point out, though, it is most unlikely that this would be the case; and even if it were, our position as neutrals would be swiftly complicated by resolutions of the Security Council or General Assembly of the U.N. Any armed conflict which was not preceded by a formal declaration of war; would have to be evaluated in the light of Article 51 of the U.N. Charter, and obligations of collective self-defence might technically arise in relation to Portugal.
In the circumstances it is doubtful if there would be much profit in examining all the possibilities that might occur, or speculate on the legal position in regard to transit The position would of troops through Hong Kong in each case. need to be evaluated in the light of the situation at the time.
E.T. Davies, Esq.,
Assistant Political Adviser,
Colonial Secretariat,
HONG KONG.
CONFIDENTIAL
/It