O P 27273%Z DEC
FM MODUK NAVY
TO BMVNC/CAPIC HONG KONG
INFO RBDWDFA/FCO LONDON
RBDIDC/CINCFLEET
RBMVAD/CBF HONG KONG
CONFIDENTIAL
CONFIDENTIAL
BT
SIC EGA/LDD
395
(A) YOUR EGA/LDD 271235Z DEC.
TOP C
Ник
243/10 243/1
RECEIVED IN REGISTER NO. 51
2 9 DEC 1978
DESK OF INDEX
29/12
396
"RY
Action Ten
1. LEGAL POSITION IS CONSIDERED TO BE:
A. PIRACY ON HIGH SEAS. REF A PARA 3 AGREED. INTERPRETATION COULD BE MADE AS SUGGESTED.
6. IF THERE IS ANY DOUBT WHETHER ACTION TAKEN CONSTITUTES PIRACY. (CB 3012 ART 0438.2 SENTENCES 2 AND 3) THERE IS NO SPECIFIC AGREEMENT WITH PANAMA. ANY VESSEL HAS THE RIGHT UNDER CUSTOMARY INTERNATIONAL LAW TO ASSIST IN ENFORCING FLAG STATE LAW BUT ONLY IF REQUESTED TO DO SO BY FLAG STATE,
C. ASSISTANCE TO RHKP. IF ASKED TO ACT AS AGENTS HM SHIPS MAY GIVE ASSISTANCE TO MAXIMUM EXTENT OF POWERS AVAILABLE TO RHKP BUT CNLY WITHIN 3 MILE TERRITORIAL SEAS.
2. PRACTICAL CONSIDERATIONS IN IMPLEMENTING ANY MEASURES:
A. HIGH SEAS. PATROL CRAFT SHOULD NOT BE TOLD TO TAKE ANY ACTION WHICH WILL PUT NAVAL PERSONNEL AT UNDUE RISK. THIS APPEARS TO PRECLUDE ESCALATION (RAF A PARA 6C).
B. SUPPORT OF RHKP. BEFORE ACCEPTING ANY COMMITTMENT FOR NAVAL PERSONNEL TO TAKE PART IN BOARDING SITUATION YOU SHOULD BE SATISFIED THAT:
(1) SUFFICIENTLY STRONG FORCE TO ENSURE SUCCESSFUL CUTCOME CAN BE PLACED ONBOARD IN DIFFICULT CONDITIONS EXPECTED.
(11) NAVAL PERSONNEL WILL NOT BE BROUGHT TO UNDUE RISK.
(11) ALL AVAILABLE SUITABLY TRAINED MEN FROM OTHER SERVICES ARE INVOLVED.
C. MINISTERIAL APPROVAL FOR ROE WOULD BE REQUIRED BEFORE ANY BOARDING INVOLVING UK SERVICEMEN TOOK PLACE
FILES
HK & GD
SEAD
CONS D
CONS EM UNIT
UND NEWS D
PS
PS/MR. LUARD
PS/LORD GORONWY ROBERTS MR. CORTAZZI
MR.WEIR
CONFIDENTIAL
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