CONFIDENTIAL
(A) GO THROUGH THE PROCESS OF ONCE MORE VICTUALLING AND
WATERING THE SHIP FOR THE VOYAGE TO KAOHSIUNG:
(B) EXPLAIN VERY CAREFULLY TO THE MASTER THAT HE HAS NOT
PERMISSION TO ENTER HONG KONG WATERS AND SHOULD PROCEED TO
KAOHSIUNG:
(C) EXPLAIN ALSO THAT IF HE ENTERS BRITISH JURISDICTION THAT
COURT ACTION AGAINST HIM COULD RESULT IN SUBSTANTIAL IMPRISONMET
AND A VERY HEAVY FINE:
(D) FINALLY WE WOULD SAY THAT OUR SHIPS WOULD CEASE TO STAND BY THE HUEY FONG AND THE MASTER MUST DO WHATEVER HE THOUGHT BEST IN HIS OWN INTERESTS.
(E) OUR SHIPS WOULD THEN WITHDRAW.
5. IF HE THEN ENTERED HONG KONG WATERS HE WOULD IMMEDIATELY BE
BOARDED AND ESCORTED TO AN ANCHORAGE AT WHICH THE CREW AND PASSENG COULD BE PROCESSED BEFORE BEING LANDED. IN THE LIGHT OF EVIDENCE OBTAINED DURING PROCESSING A DECISION WOULD BE TAKEN WHETHER TO PROSECUTE OR NOT.
6. IF THE WEATHER REMAINS CALM WE WOULD PREFER TO POSTPONE
ACTION UNTIL AFTER OBTAINING CLEARANCE FROM EXECUTIVE COUNCIL
ON TUESDAY, 16 JANUARY (THIS TIMING WOULD FIT IN WITH PARA.3).
7. THE IDEAL SOLUTION WOULD BE SUFFICIENTLY BAD WEATHER TO ALLOW
US TO PERMIT THE SHIP TO ENTER FOR SAFETY REASONS WITHOUT PREJUDICING THE PRINCIPLE OF FIRST PORT OF CALL BUT BRINGING THE IF SUCH AN OPPORTUNITY ARISES CAPTAIN WITHIN OUR JURISDICTION.
WE WOULD ACT AT ONCE AND BEFORE JANUARY 16.
8. IT IS JUST POSSIBLE THAT THE PROPOSED SCENARIO COULD BE
COMPLICATED BY THE APPROACH OF ANOTHER REFUGEE SHIP. COUNCIL
I PERSONALLY THINK THIS UNTENABLE WOULD ADVISE AGAINST CHANGE. INDEFINITELY. HOWEVER IF ANOTHER REFUGEE SHIP WERE KNOWN TO BE APPROACHING AT THE TIME, IN THIS CASE IT WOULD BE ARGUED THAT TO ALLOW THE HUEY FONG IN WOULD APPEAR LIKE AN INVITATION TO THE
OTHER. HOWEVER MY PERSONAL FEELING IS THAT:-
2
CONFIDENTIAL
¿(A)
TWO REFUGEE
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