HONG KONG LEGISLATIVE COUNCIL 16 May 1990
Intrusion into Hong Kong waters by a Chinese vessel on 3 May 1990
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MRS. LAU asked: With reference to the incident on 3 May 1990 involving the alleged abduction of two Hong Kong policemen from Hong Kong waters by Chinese sécurity officials, can the Administration inform this Council:
(a)
what were the true circumstances surrounding the incident; and
(b)___whether over the past three years, there have been incidents of Chinese boats carrying armed officials straying into Hong Kong waters, and if so, how did the Marine Police deal with such incidents?
SECRETARY FOR SECURITY: Sit, the facts of the incident as we know them are as follows:
The police organized an operation on 2 May against a group who were believed to be involved in the theft of cars with the intention of smuggling the vehicles to China. The operation involved the hire by two members of the police, working under cover, of a lighter and a tugboat, together with their five-man crew. The vessels were moored at the pier at Tap Shek Kok at 8.00 pm on 2 May. An ambush was set by other police officers surrounding the pier.
Just after 10.00 pm a speedboat came to the side of the lighter. In it were five men in what appeared to be Chinese official uniform, and one man in plain clothes. The latter boarded the lighter and enquired about the arrival of the goods. After half an hour he returned to the speedboat which departed.
The speedboat subsequently returned around midnight and the same man again boarded the lighter. He made telephone calls with a wireless telephone. The five men in uniform were still on board the speedboat.
The speedboat subsequently left but returned once more around 3.00 am. Shortly after 4.00 am three Mercedes cars arrived at the pier and were loaded onto the lighter, Just after 4.40 am the man who had been in civilian clothes, but was by now also wearing what appeared to be an official uniform, gave the order to sail. He himself left in the speedboat. Four of the personnel in uniform stayed on board the tug and the lighter. At least one of them was armed. Also on board the lug and lighter, were the five-man crew and the two undercover police officers.
At 4.50 am the police arrested three men on the pier in connection with the theft of the cars.
Shortly after 5.00 am the Marine Police intercepted the tugboat and requested it to stop. This request was refused. When the police launch subsequently attempted to come alongside, a weapon was pointed at the launch. At about 5.50 am a Chinese Border Inspection vessel came alongside the Hong Kong police launch. The police
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launch sought co-operation from the Chinese vessel in stopping the lighter, but this was not forthcoming.
On receiving a report of the incident, the Hong Kong Government through the Political Adviser's Office requested the immediate return of the two members of the police, the tug, the lighter and their crew, and the stolen cars. The Government expressed grave concern to the New China News Agency over this incident and requested a full investigation into what had occurred. The two police officers returned to Hong Kong on the evening of 3 May.
In recent years there have been occasions when Chinese Border Inspection vessels have strayed in error into Hong Kong waters and sought to exercise jurisdiction. On these occasions, the Marine Police have informed the Chinese personnel involved that they were in Hong Kong waters and directed them to leave.
MR. MCGREGOR: Sir, can the Government say whether there have been specific cases during the past few months of cars such as Toyota saloons being stolen in Hong Kong and being quickly delivered in bulk to China in exactly the same manner as that described in the main reply? In other words, is the latest case simply one of a series? If this is 30, and if there has been suspicion of this fact, why was there not co- operation between Chinese officials and the Hong Kong police to trap the smugglers in a joint operation?
SECRETARY FOR SECURITY: Sir, this is the first case where the police have gone under cover in order to try and deal with this particular incident. Yes, we believe there have been previous cases involving other cars, as mentioned by Mr. MCGREGOR. Both the Hong Kong Government and the Chinese authorities do consider smuggling to be a serious matter and wish to resolve it.
MR. POON CHI-FAI (in Cantonese): Sir, at present the detained Hong Kong crewmen are not allowed to be visited by their families. Can the Government inform this Council whether it would try to persuade the Chinese authorities to allow their families to visit them? Moreover, what assistance will the Government offer to effect the prompt release of these crewmen?
SECRETARY FOR SECURITY: Sir, the Hong Kong Government wishes to see the most prompt release from China of the five crew members.
MR. CHOW: Sir, during the last five years, how many times have Chinese inspection vessels strayed into Hong Kong waters seeking to exercise jurisdiction?
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HONG KONG LEGISLATIVÉ COUNCIL — 16 May 1990
SECRETARY FOR SECURITY: Yes, Sir, over the last three years, which was mentioned in the main question, the number of reported incidents has been as follows:
1988
1989
45
21
And thus far this year
16
Whenever there are serious incursions involving PRC vessels the matter is taken up with the Chinese authorities either through normal border liaison channels or through the Political Adviser's Office.
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MR. HUI: Sir, can the Administration inform this Council why the speedboat and the men who appeared to be wearing Chinese official uniform were allowed to enter Hong Kong waters so many times without being questioned or detained by the proper Hong Kong authority?
SECRETARY FOR SECURITY: Sir, hindsight is an exact science. I think it is important in these circumstances to look at the police operational commander on the ground at the time. Up until 5 o'clock on the morning of 3 May everything was going well for the police. They were involved in an undercover operation involving smuggling of cars into China. At that time they had already arrested three men on the pier. The lighter was under way with the undercover policemen on board, an act of apparent smuggling was taking place, and a police launch was on its way to intercept the vessel.
MR. MARTIN LEE: Sir, does the Administration realize the great damage caused by this border intrusion incident to the public's confidence in the future, fearing that uniformed personnel from the PRC may arrest people in the future Hong Kong SAR after 1997, and have them secretly brought to and dealt with in Beijing for alleged counter-revolutionary offences in the Hong Kong SAR? And if so, will the Administration inform this Council what steps are being taken to ensure that such events will not happen after 1997?
SECRETARY FOR SECURITY: Sir, I am not prepared to speculate beyond 1997. 1 will deal with this particular incident. I am satisfied that this matter is being dealt with as expeditiously as possible. As I have already said, we are in urgent contact with the Chinese authorities who are fully aware of our concern for the early return of the five crewmen, the two vessels and the three stolen cars.
MR. LI: Sir, in the light of the confusion over the nature of the letter written by the Political Adviser's Office, namely, whether or not it was or was not intended to be a
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letter of protest, will the Administration consider publishing the content of the letter to clear the confusion? And if not, would the Administration at least consider doing it by the usual way, that is, by taking the press into their confidence?
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SECRETARY FOR SECURITY: Sir, in an incident like this, it is very important that negotiations with the Chinese authorities remain confidential.
MRS. CHOW: Sir, if I may refer to the answer. What in fact transpired between 5.00 am and 5.50 am? `In other words, did the marine police decide not to take further steps such as using their own weapons to stop the lighter, or were they simply not prepared for the possibility that the suspected smugglers might be armed? ·
SECRETARY FOR SECURITY; Again, hindsight is an exact science. Hitherto there is no direct évidence of firing taking place between Hong Kong and Chinese authorities in the waters of Hong Kong. The police commander on the ground took the view that he should not engage the vessel further given that a weapon was being pointed at him,
MR. TAM (in Cantonese): Sir, on the basis of Government's understanding of the whole incident, can the Secretary confirm that the five Hong Kong crewmen are Innocent, that they have committed no offence, and that they are not connected with the group involved in the theft of cars?
SECRETARY FOR SECURITY: Sir, there is no evidence to suggest that any of these five men were involved in smuggling.
MR. MCGREGOR: Sir, I have to take the last answer a little bit further. Were the five detained sailors aware that they were being hired by the police for smuggling purposes so that they were in effect agents of the police? If so, will the Government treat with care any confessions obtained by the Chinese authorities from the five detained sailors as the price for freedom?
SECRETARY FOR SECURITY: Sir, the five crewmen were not aware that they had been hired by two undercover police officers. It is our objective to achieve the prompt release of these five crew members. I think it is futile to speculate on any possible trial.
MR. TIEN: Sir, the marine police intercepted the tugboat requesting it to stop at 5.00 am and was refused, and at about 5.50 am the Chinese Border Inspection vessel came alongside the Hong Kong police launch. Will Government inform this Council
HONG KONG LEGISLATIVE COUNCIL 16 May 1990:
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whether that took place in Hong Kong waters and whether the Chinese Border Inspection vessel was informed that they were in Hong Kong waters?
SECRETARY FOR SECURITY: Yes, Sir, this incident did take place in Hong Kong waters and the Chinese authorities have been informed of that, with photogri well.
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MR, CHOW: Sir, would the Secretary give us the figures for intrusions in 1986 and 1987 because my previous question was asking for figures for the last five years?
SECRETARY FOR SECURITY: I do not have those figures, Sir. May I give a written reply. (Annex IV)
MR. EDWARD HO: Sir, the Secretary for Security prefaced his main answer with the words "as we know them". Will he please inform this Council whether by that he means that he was not certain of the facts? If the answer is in the negative, could he please inform us how these facts can be disputed in public by the Chinese authorities?
SECRETARY FOR SECURITY: Sir, the evidence we have includes witness accounts given by the marine police officers at the scene. It also includes the evidence of the two undercover officers who were returned to Hong Kong on 3 May. Thirdly, we have photographic evidence which has been passed to the New China News Agency.
MRS. CHOW: Sir, may I ask the Secretary to answer my last question and that was: between 5.00 and 5.50 am what actually happened? In other words, did the marine police decide not to take further steps such as using their weapons a course of action I suspect they would have been prepared for since they were fully equipped for the operation? So we are not talking about hindsight. Or were they simply not prepared for the possibility that the suspected smugglers might be armed — and this, may I say, happened in Hong Kong waters?
SECRETARY FOR SECURITY: Speaking generally, whenever an official Chinese vessel is found in Hong Kong waters, the first thing to ascertain is whether under international maritime conventions, it is engaged in innocent passage through the waters of Hong Kong, it has a right to do so. Chinese official vessels are permitted innocent passage in transit to and from bases. Whenever an official Chinese vessel is found inside Hong Kong waters seeking to exercise jurisdiction as in this case, it is informed that it is inside Hong Kong waters and it is directed to leave. In this case the vessel refused to leave. Clearly, from my opening statement, there was a protracted time of negotiations. In the end the police commander on the ground decided that he was not prepared to escalate it any further.
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