GR 820
CONFIDENTIAL
79
CONFIDENTIAL
FM HONG KONG 101050Z JAN 79
TO IMMEDIATE FOREIGN AND COMMONWEALTH OFFICE
TELNO.74 OF 10 JANUARY.
HKK 243/1
RECEIVED IN REGIS MAY NO. 51 1 1 JAN1979
DESK OF
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FOLLOWING FOR SIMPSON-ORLEBAR, U.N.D, FROM POLITICAL ADVISER.
7
YOUR TELNO.16 : ''HUEY FONG'
1. THE FOLLOWING PARAGRAPHS ARE AN ATTEMPT TO ANSWER YOUR
SPECIFIC QUESTIONS AND TO PRODUCE SOME FURTHER THOUGHTS ON THE OVERALL PROBLEM.
2. WE DO NOT AT PRESENT INTEND TO CHANGE THE FIRST PORT OF CALL PRINCIPLE. IT WAS ORIGINALLY DESIGNED TO BE MORE RESTRICTIVE THAN THE ALTERNATIVE ''FIRST PORT OF REFUGE'' WHICH MADE HONG
KONG EVEN MORE VULNERABLE. WE ARE HOWEVER EMPHASISING THAT THE
PRINCIPLE WAS DESIGNED TO APPLY TO VESSELS RESCUING SURVIVORS FPOM GENUINE SHIPWRECKS. IT WAS ALSO EXTENDED TO ARRIVALS ON
es
SMALL BOATS. WE REALISE THAT THE PRINCIPLE STILL MAKES US VULNERABLE TO THE UNSCRUPULOUS WHO WILL STATE HONG KONG AS-BEING
THEIR FIRST PORT OF CALL BEFORE ARRANGING TO PICK UP SHIPWRECK
SURVIVORS''. WE CANNOT THINK OF ANY ALTERNATIVE TO THE FIRST PORT OF CALL WHICH DOES NOT ALSO HAVE THE UNACCEPTABLE CONSEQUENCE OF FORCING MASTERS NOT TO PICK UP GENUINE CASES OF SHIPWRECK.
3. THE NEW LEGISLATION IS DESIGNED TO PUT FEAR INTO THE HEARTS OF THE CROOKS WITHOUT ABANDONING THE FIRST PORT OF CALL PRINCIPLE. WE CANNOT OF COURSE BE SURE HOW THE COURTS WOULD REACT TO CASES BROUGHT UNDER THE NEW LEGISLATION. INEVITABLY THE PROCESS WILL BE SLOW AND SOME CASES WILL FAIL. WE ARE NOT YET IN A POSITION TO SAY WHETHER CHARGES AGAINST THE MASTER OF THE HUEY FONG WOULD STICK. THE MAIN PURPOSE OF THE NEW LEGISLATION IS AS A DETERRENT TO OTHERS.
CONFIDENTIAL
14.