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Thank you for a sight of the draft Operational Order Opposed Towing of Craft prepared by the Hong Kong Police. We have discussed the draft with T.Sol (Mr Ellis)
and our joint comments are as follows.
2. Before agreeing the terms of the Operation Order there are two aspects about which we need to be sure. First, we need to be certain of our position in International Law as regards refusal of entry (and removal) of refugees; Second, we have to ensure our response is in line with general Government policy on refugees Both these considerations fall to the FCO and in particular their Legal Advisers. Assuming that policy considerations are satified and that there is no problem in International Law we would also need to establish that the actions we proposed were acceptable in local law. Again this is a matter for the FCO (and the Hong Kong y Government) to advise.
3. Our final comment concerns the implication in paragraph 5 of the draft that we may also be considering boarding and removal of vessels outside our Territorial boundary. If this is intended, we must assure ourselves that this will be legally possible. However, in view of the tone of the rest of the draft I wonder if this really is out intention or just a slight ambiguity in the drafting of paragraph 5?
15 Nov 82
CONFIDENTIAL
MR MAIDEN DS15(L) c
MB5332/6240MB