SECRET
FROM: DR MARSH
DEFENCE SECRETARIAT DIVISION 5
MINISTRY OF DEFENCE
Main Building Whitehall London SW1A 2HB
Telephone 01-218 2190 (Direct Dialling)
PL O'Keefe
01-218 9000
(Switchboard)
Hong Kong and Indian Ocean Department
Foreign and Commonwealth Office
LONDON SW1
127)
Your reference
Our reference
DS5/7/14/75
Date
21 July 1975
LAPT RTF
(112)
REF.
133
Dear O'Keefe,
NARCOTICS: INTERCEPTION OF THAI TRAWLERS
one.
Thank you for your letter HKK 19/1 of 3 July to my predecessor but
The first of the two Thai proposals you mention has been considered by us but I would emphasise that the following comments are our preliminary reaction to the proposal. If it should be taken further then we would wish to give the matter rather closer study and of course, consult our Ministers. Commodore Hong Kong has also raised these proposals with us and we have replied in the same way.
At first sight the political and legal considerations seem to be of greater importance than the purely military ones. There would seem to be no objection in international law to a Royal Naval vessel being used to ferry a Thai police official out to the high seas so that he could be put aboard a Thai trawler to make an arrest. However, a special agreement between HMG and the Government of Thailand would probably be required. Your Legal Advisers are better placed than we are to comment on what form the agreement should take, and also on whether any amendment of UK or Thailand law would be needed in order to avoid civil litigation in respect of such matters as wrongful arrest and damage to the trawlers. We are not sure either as to how HMG would be covered, for example against damage sustained by the RN vessel if she were in collision with a trawler or if the trawler should resist arrest in some way.
As regards military factors, with good intelligence interception should be possible by either the Coastal Mine Sweepers (CMS) used as Patrol Craft or the frigate. A frigate would have little difficulty detaining a trawler but a Thai crew determined to resist arrest could cause severe damage and loss of life to a CMS. Given political clearance rules of engagement could be drawn up.
Future Hong Kong force levels are also relevant.
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