TNAG-2054-FCO40-2932-Political-activism-accusations-of-subversion-in-Hong-Kong-1990 — Page 89

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Mr Fifoot

Legal Advisers

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GODDESS OF DEMOCRACY VESSEL: POSSIBLE ACTION BY THE CHINESE

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You may have seen press reports of the Goddess of Democracy vessel which is currently heading towards China with a purpose of broadcasting democracy messages to the masses. attach some relevant press cuttings and telegrams. As we understand it the intention of the vessels organisers is to sit in international waters and broadcast to the mainland. The Chinese have made all sorts of threatening noises as what they might do should this occur. They have also been pressing any relevant countries not to grant the ship access to port facilities. The Hong Kong Government have today announced that the ship will not be permitted to enter Hong Kong waters.

2. I understand that under the 1982 UN Convention on the law of the sea - which has not come into force - there are very stringent provisions on illegal broadcasting contained in Article 109. Although it has not come into force, the Chinese have signed it. I should be grateful for your advice as to whether they can act under the Convention even though it is not formally come into force. If they are able to then they could presumably take action to "arrest" the vessel and charge it with various offences.

3. Further concern occurs to me and that is Hong Kong's obligations under international law to give assistance to vessels in distress. We understand that Hong Kong intend to refuse permission for the vessel to enter Hong Kong through a combination of the Shipping and Port Control Ordinance and Immigration Ordinance. We do not know exactly what powers they intend to use. Grateful to know whether you consider there are any international obligations that Hong Kong should be aware of. The line which Hong Kong is taking in public is that there is no question of the ship broadcasting in Hong Kong waters and that it would not be allowed to enter Hong Kong waters as to do so would run counter to Hong Kong Government's policy of not allowing Hong Kong to be used by

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