TNAG-1917-FCO40-2721-Interdiction-of-Vietnamese-refugees-at-sea-1989 — Page 90

CONFIDENTIAL

the fact that the HKG authorities are only at this stage

examining the legal and practical implications of towing vessels

to outside territorial waters should the Executive Council suggest

that such action is taken.

6.

:

The draft operational order

envisages A patrol craft bein- used as follows:

2.

where an inc min vessel is located on or near

the territoriul boundary, its occupants and their

possessions, would first be reloved, ir necessary by

force, and detained onboard the RN craft or transferreü

to the

the Larine Folice, unti evel this as the vessel is

certifica na scaworthy and subsequently replenished and

reïtorica;

D.

On completion of the above, the occupants or the

veseul noile remain on or be transferred to the RN craft

which would then tow the vessel to a pre-arranged

position in international waters, then return the

occupants and their possessions to the vessel, release

the tow and immediately leave the scene.

Until their return to their vessel all persons

are to be handled as prisoners and dealt with accordingly.

DISCUSSION

7.

In considering HKG's proposals, the prime concern has been

to protect HMG's position, both moral and legal, in the eyes of

the domestic and international community.

8.. In this context, Minister (AF) will be aware that HMG is a

signatory to the International Covenant on Civil and Political

Rights (1966), Article 10(1) of which states that 'all persons

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