TNAG-2057-FCO40-2935-Armed-incursions-by-China-and-Royal-Navy-rules-of-engagement-1990 — Page 61

LOOSE MINUTE

D/Sec(0)(C)/6/7

21 May 1990

MA/Minister (AF)

CONFIDENTIAL

Copy to:

PSO/CDS

Head of Sec (NS)

PS/VCDS

DNOT

MA/DCDS (C)

DROW

AUS (C)

Head of HKD

V

FCO

DCDS (C)

(12

PA.

HKCB

177

0 1 JUN 1990

تم

HONG KONG PATROL CRAFT:

RULES OF ENGAGEMENT

There has been an increase in recent months in the number of incidents involving incursions into Hong Kong waters by vessels from the Republic of China. Most of these incidents are themselves minor and they are almost certainly not part of a deliberate policy (many are probably connected with smuggling activity) but the Governor is naturally concerned to ensure that British sovereignty is not disregarded. The Hong Kong Government is therefore preparing a package of measures aimed at improving the policing and control of territorial waters. The task is primarily for the HK Maritime Police (MARPOL) but the RN Peacock Class Patrol Vessels will, of course, also be involved and this minute seeks Minister (A)'s approval to four minor changes to their Rules of Engagement (ROE) related to this task. (In practice, the Governor and CBF have agreed that the limit of the ROE should be 1 mile inside the territorial boundaries to avoid the possibility of disputes over jurisdiction.)

The proposed changes (and the parallel existing rules) are shown. at Annex A and the complete existing profile is at Annex B. of the proposed changes are concerned with the carriage of small arms (Rules 510 and 590) and the other two (Rules 550 and 660) are concerned with responses to harassment and escorting, respectively.

Small Arms

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A worrying feature of one recent incident not involving RN vessels was the brandishing of weapons by Chinese in uniform at a MARPOL vessel pursuing a vessel believed to be engaged in smuggling. This was a rather bizarre incident and, whatever the status of the Chinese involved, is most unlikely to have been. officially authorised (indeed the vessel was subsequently arrested by the Chinese authorities when it reached their waters). Although this may be an isolated incident and it is less likely that the Peacocks would be threatened in this way, CBF and the Governor rightly wish to ensure that the RN have

CONFIDENTIAL