心
CONFIDENTIAL
29
CONFIDENTIAL
FM HONG KONG
TO IMMEDIATE FCO
TELNO 861
OF 271245Z MAY 93
HKA 122/1
09 JUN 1993
ADVANCE COPY
111724
MDADAN 9597
The Whitvery
INFO IMMEDIATE WASHINGTON, MODUK, UKMIS NEW YORK, UKMIS GENEVA INFO IMMEDIATE PEKING, SINGAPORE
als مل
SIC
16
17
WASHINGTON TELNOS 1165 AND 1186: FORMER YUGOSLAVIA: SANCTIONS AND HONG KONG.
SUMMARY.
1.
HONG KONG WILL PULL ITS WEIGHT ON SANCTIONS AND WE MUST CONVINCE WASHINGTON OF THIS. BUT RECENT CASES REFLECT GENUINE LEGAL DIFFICULTIES WHICH WE ARE TRYING URGENTLY TO OVERCOME. PROBLEMS EXPLAINED TO US CONSUL-GENERAL, WITH REQUEST FOR EVIDENCE ON SUSPECT SHIPS: GRATEFUL IF WASHINGTON COULD BE INSTRUCTED TO TAKE PARALLEL ACTION. DISCRETE ROYAL NAVY ROLE ONE POSSIBLE STOP- GAP MEASURE WE ARE EXPLORING, TO ALLOW US TO SEARCH SHIPS ON US TREASURY LIST: GUIDANCE REQUESTED.
DETAIL.
W
I AM CONCERNED THAT A VIEW SEEMS TO HAVE FORMED IN PART OF THE US ADMINISTRATION THAT HONG KONG IS BEING LESS THAN WHOLEHEARTED IN IMPLEMENTING UN SANCTIONS AGAINST SERBIA AND MONTENEGRO. HONG KONG IS MORE THAN READY TO PLAY ITS PART AND I HOPE THAT ANY IMPRESSION TO THE CONTRARY IN WASHINGTON CAN BE URGENTLY CORRECTED.
3. BUT THERE ARE REAL LEGAL PROBLEMS WHICH WE HAVE TO OVERCOME. WE CANNOT IMPOUND SHIPS WITHOUT LEGAL JUSTIFICATION. IF WE DID, OWNERS COULD WELL TAKE US TO COURT AND WIN: THIS WOULD BE DAMAGING FOR US AND PRESUMABLY COUNTER-PRODUCTIVE FOR THE WIDER SANCTIONS EXERCISE.
A KEY PROBLEM, AS YOU HAVE CONFIRMED (TELNO 502), IS THAT THE US TREASURY LIST DOES NOT BY ITSELF GIVE US SUFFICIENT GROUNDS TO IMPOUND SHIPS. NOR, ACCORDING TO OUR LEGAL ADVISERS, DOES IT EVEN ALLOW US TO BOARD AND SEARCH SUSPECT VESSELS FOR
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