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1
12.
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16.7
It was recognised by the Policy Group from their first meeting on 23rd December that once the vessel entered Hong Kong waters the Master could claim "force majeure" and could not be compelled lawfully to put to sea against his wishes. Thereafter the agreement of the Master and the Panamanian Consul, and an assurance that adequate life-saving appliances were on board would have been needed before the vessel could have been made to
sail from Hong Kong. No such limitations applied while the vessel was on the high seas, although it would have been countrary to the spirit of international conventions on the safety of life at sea to have made the ship sail without enough life-saving equipment for all those on board. Accordingly arrangements were made for a large number of life-jackets to accompany the ship in an escort vessel had it sailed at any time.
13.
On 24th December consideration was given by the Policy Group to putting Naval personnel on board the "Huey Fong" so that she could be towed away, or otherwise made to sail in the right direction. However, the
UK Ministry of Defence (M.0.D.)advised that Service personnel would have no status on board the ship on the high seas and would be placed in considerable legal and practical difficulties in the event of disorder. course was, therefore, ruled out although M.0.D. authority
This was given for RN vessels to escort the Huey Fong" for the purpose of providing humanitarian aid if the Master so requested before sailing.
14.
1.
Thereafter attempts to make the ship sail were based on the continuing refusal to permit the refugees to land in Hong Kong, coupled with efforts to persuade those on board that the Taiwanesc authorities were likely to grant them temporary shelter if the ship were to arrive off Kaohsiung. In the absence of diplomatic relations between the U.K. and Taiwan, the good offices of the United States Consulate General in Hong Kong and Embassy in Taipei obtained to convey messages to the appropriate authorities in Taiwan. Although these attempts did not success, there were four occasions, on 25th and 26th December and 2nd and 5th January, when it seemed that those on board would have agreed to sail if there had been any helpful response by the Taiwanese.
were
15.
As a further incentive to the ship to sail to Taiwan rather than enter Hong Kong, amendments to strengthen the Merchant Shipping, Port Control and Immigration Ordinances were passed by Legislative Council on 10th January, 1979. One of the effects of these amendments was to render the Master liable to severe penalties if he entered Hong Kong carrying a large number of passengers who could not be shown to be genuine shipwreck victims.
16.
On 2nd January, 1979, the Fxecutive Council was advised that officials had considered the following options:-
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機密