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6. In the light of the above I am content with the line you take in the draft letter. I am not so sure, however, about the "more robust line" proposed by Mr Hoare in his minute of 11 August to the extent that such a line would rest on the argument developed in paragraph 2 of that minute. If I understand the argument correctly it is that, although the two ships in question are owned in Hong Kong and registered in Hong Kong, because the Hong Kong register is part of the UK reg- ister it should be for the UK to take any residual refugees rescued by them. If that is the argument I am afraid it runs directly counter to the argument deployed in respect of Bermuda, to the effect that Bermuda must accept its responsibilities in respect of Bermuda registered vessels as a consequence of running a register and to the shipping policy consideration outlined above that a dependent territory should be responsible for matters relating to vessels registered at its ports. If we changed tack now Bermuda could be justifiably aggrieved.
13 August 1982
cc. Mr Hoare (HKGD)
Mr Herdman (WIAD) Mr Cambridge (MVD)
RESTRICTED
John sidde.
J Siddle
Legal Advisers
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