TNAG-2680-FCO40-3877-Implementation-of-United-Nations-sanctions-by-Hong-Kong-agai-1993 — Page 36

CONFIDENTIAL

HKA 12211

File

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MDTTAN 3864

CONFIDENTIAL

FM HONG KONG

TO TELELETTER FCO

TELELETTER NFR

OF 030702Z JUNE 93

INFO TELELETTER WASHINGTON, PEKING, SINGAPORE, UKMIS NEW YORK INFO TELELETTER UKMIS GENEVA

FROM: JOHN ASHTON ESQ, DEPUTY POLITICAL ADVISER, HONG KONG FOR: J C MORRIS ESQ, HKD, FCO

COPIED TO: CHANCERIES WASHINGTON, PEKING, SINGAPORE, UKMIS NEW YORK, UKMIS GENEVA

FORMER YUGOSLAVIA: SANCTIONS AND HONG KONG

1.

AS YOU WILL KNOW FROM THE TELEGRAMS, WE HAVE HAD A FEW TEETHING PROBLEMS IN IMPLEMENTING THE SANCTIONS AGAINST SERBIA AND MONTENEGRO SPECIFIED IN UNSCR 820. IT MAY BE WORTH EXPLORING COLLECTIVELY WHETHER THERE ARE USEFUL LESSONS TO BE LEARNED: THIS WILL PROBABLY NOT BE THE LAST SUCH EXERCISE AND, AS ONE OF THE WORLD'S BUSIEST PORTS, WITH 500 SHIPS ARRIVING WEEKLY, HONG KONG MAY WELL BE INVOLVED AGAIN.

2. OUR DIFFICULTIES CLIMAXED WHEN WE WERE UNABLE TO IMPOUND THE FIRST TWO SUSPECT SHIPS, THE AIRE F AND THE BRISA, WHICH CAME INTO HONG KONG WATERS AFTER THE SANCTIONS TOOK EFFECT. THIS SEEMED TO STIMULATE THE UNFORTUNATE AND ERRONEOUS CONCLUSION IN WASHINGTON THAT HONG KONG WAS NOT WILLING TO PULL ITS WEIGHT (WASHINGTON TELNOS 1165 AND 1186). I HOPE THAT OUR SUCCESSFUL IMPOUNDING OF THE C BLANCO HAS REPAIRED ANY DAMAGE THAT MAY HAVE BEEN DONE. BUT IN RETROSPECT, PERHAPS THIS COULD HAVE BEEN AVOIDED IN THE FIRST PLACE.

3. FROM THE MOMENT WE LEARNED, FROM FCO TELNO 443 ON 11 MAY, OF THE ORDER-IN-COUNCIL DUE TO GIVE EFFECT, FROM 14 MAY, TO UNSCR 820 IN THE DEPENDENT TERRITORIES, WE HAD BEEN URGENTLY TRYING TO CLARIFY OUR EXACT POWERS, BOTH INTERNALLY WITHIN HKG AND BY TELEGRAM WITH THE FCO. THERE WERE VARIOUS DELAYING FACTORS: NOT LEAST THAT - DESPITE FRENZIED REQUESTS WE DID NOT SEE THE TEXT OF THE ORDER UNTIL A FEW HOURS BEFORE ITS ENTRY INTO FORCE, AND THAT SUBSEQUENT GUIDANCE FROM LONDON SOMETIMES SEEMED CONTRADICTORY (VIZ, FOR EXAMPLE, FCO TELNOS 500, CENSURING US FOR NOT ACTING AGAINST THE AIRE F, AND 502, CONFIRMING THAT WE DID

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