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Legal advice sought after the paper was circulated to IMO members revealed certain legal inaccuracies which led to the
Hong Kong Government's wish to withdraw the paper
unreservedly.
There was also the risk that the paper could endanger their current discussions with the Chinese on those
incidents which were starting to bear some fruit. In place of the paper, Hong Kong wished to prepare a speaking note, withdrawing the paper, for use at next week's IMO Maritime
Safety Committee (the Chinese have seen the paper but have not
made any comment). Outside the meeting, Mr Morris said the paper was circulated without reference to the Political
Adviser's Office or the International Law Division of Security
Branch.
2.
The incidents concern Chinese official vessels and
officials performing customs functions with a high degree of
force. The problem is in part due to the Chinese operating a
bounty system for officials charged with bringing smuggling to
an end. This presents a high incentive to retrieve goods
using force where necessary. Cases of fire arms being used against merchant vessels are not uncommon and a cause for
concern. However, it is unlikely that victims of these operations report attacks as more often than not the cargo they are carrying is smuggled. Mr Morris pointed out that
although the Chinese official interceptions are truly aimed at
curbing smuggling, the methods used to retrieve the cargo
exceed the bounds of reasonable force. But to say that the
Chinese are involved in Piracy is taking matters too far.
3.
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Mr Wall of the Department of Transport pointed out the
pitfalls in withdrawing the paper at this stage. To withdraw now would be tactically unwise in terms of the IMO's operating procedures. Any withdrawal would simply draw unwanted
attention to the paper. He doubted whether the Chinese IMO delegate would react to the paper. On reflection, the Hong
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