C.S. 41A
2600078
30,000-4/65-B47951
REF. L/M. in TS.X1/52
(เว)
CONFIDENTIAL
Pl. suust copies
50
COLONIAL SECRETARIAT
LOWER ALBERT,
ONG KONG
to his D.C. Wilson Fezept
Mr. RS. Gorban Centraff
Seit 20%
Sem Stement. бест
DAR
2073
9th March, 1967.
Although the pressure in Macao is off, at least for the time being, we have been considering the legal complications arising from any Portuguese request to allow the Macao garrison to come to Hong Kong.
As you
know the problem was first posed by Lisbon in their telegram No. 27 of 17th January to the Foreign Office, and it was agreed by the Secretary of State in his
3) telegram 163 of 25th January to us that we should treat
them as far as possible in the same way as civilian refugees. We assume that this agreement on the part of the Secretary of State was based on the assumption that there was no state of belligerency between China and Portugual. Although this is perhaps a matter of academic interest only it would be useful if we could get the Foreign Office line on rights and responsibilities under international law should a state of belligerency exist. Presumably we would not be obliged to accept a large body of troops and if we thought it vital bour interests to do so would be entitled to repulse them if they attempted to come to Hong Kong. If we did decide to grant asylum we should presumably be obliged, in accordance with international practice, to disarm them at once and to keep them under guard while in the Colony.
2.
We are of course under no illusion about what the C.P.G's. attitude to international law or practice would be in the circumstances of an armed conflict between China and Macao, but no doubt the Portuguese would be very quick to point out our obligations. We assume, by the way, that there are no bilateral treaties between the U.K. and Portugal which might affect the issue?
3.
I am copying this letter to the Chancery in Lisbon.
You w
LAST
(E. T. Davies) Assistant Political Adviser
L. S. Ross, Esq., Commonwealth Office, LONDON. S.W.1.
57
74
HWA 3/3
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