CONFIDENTIAL
111724
MDADAN 9597
FURTHER EVIDENCE. THIS IS BECAUSE THE ORDER IN COUNCIL EXTENDING THE SANCTIONS TO THE DEPENDENT TERRITORIES IS DRAFTED IN A WAY WHICH WE BELIEVE FAILS TO GIVE LEGAL AUTHORITY TO AN HKG OFFICIAL TO CARRY OUT SUCH SEARCHES. (HKG OFFICIALS ARE NOT AUTHORISED UNDER THE 1894 MERCHANT SHIPPING ACT).
5.
WE ARE CONSIDERING URGENTLY HOW WE MIGHT OVERCOME THESE OBSTACLES. ANY RAPID PROGRESS YOU CAN MAKE ON CERTIFICATION PROCEDURES (YOUR TELNO 502) WOULD FOR EXAMPLE BE HELPFUL. BUT WE ALSO NEED IF POSSIBLE TO FIND AN ACCEPTABLE WAY OF TAKING ACTION SHOULD ANY FURTHER SUSPECT SHIPS ARRIVE IN THE MEANTIME. ONE ALTERNATIVE, ACCORDING TO OUR LEGAL ADVISERS, WOULD BE TO ASK THE ROYAL NAVY TO PROVIDE OFFICERS TO LEAD SEARCHES OF THIS KIND. WE UNDERSTAND THAT THE MERCHANT SHIPPING ACT (1898) GIVES ROYAL NAVY OFFICERS THE NECESSARY POWERS. THE REMAINDER OF THE BOARDING PARTY COULD CONSIST OF SUITABLY QUALIFIED HKG REPRESENTATIVES INCLUDING CUSTOMS AND EXCISE AND THE MARINE POLICE, AS LONG AS THE LEADER WAS AN RN OFFICER (WHO NEED NOT NECESSARILY BE IN UNIFORM, OR OPERATING FROM AN RN VESSEL).
6.
WE HAVE RESERVATIONS ABOUT THIS. WE HAVE OVER THE YEARS BEEN TRYING TO REDUCE THE ROLE OF THE UK ARMED FORCES IN NON-MILITARY ACTIVITIES IN HONG KONG, SO AS TO PROVIDE MINIMUM ENCOURAGEMENT FOR THEIR CHINESE COUNTERPARTS TO TAKE OVER THESE ROLES AFTER 1997. BUT I BELIEVE THAT, AS A STOP GAP MEASURE, A DISCRETE RN PRESENCE IN OPERATIONS OF THIS KIND SHOULD BE ACCEPTABLE. WE HAVE DISCUSSED THIS WITH THE COMMANDER OF BRITISH FORCES HERE WHO IS WILLING IN PRINCIPLE TO HELP, SUBJECT TO APPROVAL FROM MODUK. GRATEFUL TO KNOW, DESKBY 280100Z, WHETHER YOU SEE OBJECTIONS TO AN RN ROLE OF THIS KIND.
TO NIP IN THE BUD ANY US DOUBTS ABOUT OUR READINESS TO PLAY OUR FULL PART, ACTING POLITICAL ADVISER CASHTON) UNDERLINED OUR COMMITMENT TODAY TO THE US CONSUL-GENERAL, AND EXPLAINED THE DIFFICULTIES WE ARE TRYING TO OVERCOME. HE ALSO TOLD THE CONSUL- GENERAL THAT IT WOULD BE HELPFUL TO HAVE AS MUCH INFORMATION AS POSSIBLE ON WHY PARTICULAR VESSELS APPROACHING HONG KONG WERE SUSPECT. WE REALISE THAT THIS MIGHT BE INTELLIGENCE-BASED: BUT IT STILL GIVES US STRONGER GROUNDS FOR IMPOUNDING, OR AT LEAST GIVES THOSE SEARCHING SUSPECT VESSELS A BETTER IDEA OF WHAT TO LOOK FOR. ASHTON ALSO UNDERTOOK TO ACT AS A 24-HOUR CONTACT FOR ANY FURTHER US APPROACHES ON SUSPECT VESSELS. THE CONSUL-GENERAL UNDERTOOK TO REPORT THIS URGENTLY. HE WAS NOT AWARE OF ANY DOUBTS IN WASHINGTON ABOUT HONG KONG'S CO-OPERATION OR COMMITMENT. IF
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CONFIDENTIAL