LAST
50
REF
R_F
CONFIDENTIAL
FOREIGN OFFICE, S.W.1.
2 June, 1967.
74
eas
Gaminosa,
We have been looking into the questions raised
(50) by Davies in his letter of 9 March about our obligations
towards Portuguese troops in the event of a state of belligerence occurring between China and Portugal.
2.
As far as treaties with Portugal 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 H.M.G. reserve to themselves to judge all the circum-- stances 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, the Portuguese can hardly be unaware that our position in Hong Kong is only a degree less precarious than their own in Macao, and that any practical help we could give them as allies would be of little avail.
3. All this presumes that a formal state of war existed between Portugal and China. In fact, as Davies says, it is most unlikely that this would be the case; 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 proceeded 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. Again, the position would undoubtedly be complicated by action in the U.N. In the circumstances we do not think it would be profitable to examine all the possibilities that might occur, and speculate on the legal position in regard to transit of troops through Hong Kong in each case. The position would have to be evaluated in the light of the facts at the time. It is worth/bearing in mind, however, that the rule that a neutral hay not allow passage to the troops and supplies of a belligerent does not apply to wounded soldiers or to refugees.
H.631. Rak.
ANS.67.
3.
Your
leves
(D. C. Wilson)
Far Eastern Department
b
A. W. Gaminara Esq.,
Commonwealth Office,
Hong Kong and West Indian
Department.
CONFIDENTIAL
RECEIVED IN ARCHIVES No. 63
5 JUNIO
HWA3/3