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the fact that the HKG authorities are only at this stage
examining the legal and practical implications of towing vessels
to outside territorial waters should the Executive Council suggest
that such action is taken.
6.
The draft operational order
envisages RN patrol craft being used as follows:
a.
Where an incoming vessel is located on or near
the territorial boundary, its occupants and their
possessions, would first be removed, if necessary by
force, and detained onboard the RN craft or transferred
to the Marine Police, until such time as the vessel is
certified as seaworthy and subsequently replenished and
refuelled;
b. On completion of the above, the occupants of the
vessel would remain on or be transferred to the RN craft
which would then tow the vessel to a pre-arranged
position in international waters, then return the
occupants and their possessions to the vessel, release
the tow and immediately leave the scene.
Until their return to their vessel all persons
are to be handled as prisoners and dealt with accordingly.
DISCUSSION
7.
In considering HKG's proposals, the prime concern has been
to protect HMG's position, both moral and legal, in the eyes of
the domestic and international community.
8.. In this context, Minister (AF) will be aware that HMG is a
signatory to the International Covenant on Civil and Political
Rights (1966), Article 10(1) of which states that 'all persons
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