CONFIDENTIAL
MDHIAN
023352
800
KONG ON 29 AUGUST.
4.
WHEN THEY LEARNED OF THIS PLAN, THE SIKHS VIOLENTLY RESISTED OUR ATTEMPTS TO TAKE THEM FROM THE DETENTION CENTRE TO THE AIRPORT. THERE WAS IN OUR JUDGEMENT A SERIOUS RISK THAT, IF WE HAD FORCED THEM TO BOARD THE PLANE, THEY WOULD HAVE POSED A DANGER TO THE SAFETY OF THE AIRCRAFT AND PASSENGERS. IT WOULD ALSO HAVE BEEN OPEN TO THEIR ACTIVE AND ABLE SOLICITOR TO ASK FOR A JUDICIAL REVIEW BEFORE THEY BOARDED THE PLANE. THIS COULD HAVE CAUSED LONG DELAY, AND POSSIBLY ENABLED THE SIKHS TO ESCAPE, EITHER BY DECISION OF THE COURT TO FREE THEM, OR BY JUMPING BAIL. ANOTHER RISK WAS THAT THEY MIGHT HAVE ASKED FOR POLITICAL ASYLUM, WHICH WOULD HAVE CREATED SERIOUS DIFFICULTIES FOR US.
5.
WE THEREFORE TOLD THE COMMISSION THAT, IN OUR JUDGEMENT, THE HIGHEST CHANCE OF RETURNING THE THREE TO INDIA QUICKLY AND SUCCESSFULLY LAY WITH THE BANGKOK ROUTE. THE INDIANS AGAIN CONSENTED TO THIS, AND WE MADE NEW ARRANGEMENTS FOR FLIGHTS ON 2 SEPTEMBER. BUT AT THE LAST MOMENT, THE INDIANS ONCE MORE ASKED US TO CANCEL THE ARRANGEMENT, AND PRESSED AGAIN FOR A DIRECT FLIGHT.
6. ON RECEIPT OF TURS, ACTING POLITICAL ADVISER SPOKE TO THE COUNSELLOR AT THE INDIAN COMMISSION. ASHTON SAID THAT OUR COMMITMENT TO THE FIGHT AGAINST TERRORISM WAS TOTAL. OUR OBJECTIVE IN THIS CASE WAS IDENTICAL: THE RAPID RETURN OF THE SIKHS TO INDIA. WE THEREFORE NEEDED TO IDENTIFY THE METHOD WHICH, WITHIN THE COMPLEX CONSTRAINTS OF HONG KONG LAW, GAVE US THE HIGHEST CHANCE OF ACHIEVING THIS. HE THEN EXPLAINED CAREFULLY (WITHOUT MENTIONING
POLITICAL ASYLUM) WHY WE THOUGHT THAT THIS LAY WITH THE BANGKOK OPTION. AFTER DISCUSSION, IN WHICH MRS VYAS SEEMED AT FIRST TO ARGUE THAT WE SHOULD IGNORE LEGAL CONSTRAINTS AND FORCE THE SIKHS ONTO A DIRECT FLIGHT IN ANY CIRCUMSTANCES, SHE EVENTUALLY AGREED THAT WE SHOULD PROCEED WITH THE BANGKOK OPTION.
7. SHORTLY BEFORE THIS MEETING THE COMMISSION HAD TOLD US THAT THE PASSPORT OF HARDEEP SINGH WAS AFTER ALL GENUINE, AND THAT THEY NO LONGER WANTED US TO RETURN HIM TO INDIA. MRS VYAS ASKED US TO TRY TO STOP HARDEEP SINGH BOARDING THE SAME FLIGHT TO BANGKOK AS THE OTHER TWO, SINCE HIS PRESENCE WOULD COMPLICATE THE TASK OF THE FOUR INDIAN POLICE ESCORTS WHO ARE NOW IN HONG KONG, AND WILL RETURN WITH THE SIKHS TO INDIA. WE EVENTUALLY PERSUADED HER THAT IF WE
TRIED TO PREVENT HARDEEP BOARDING THE FLIGHT OR RELEASED HIM BEFOREHAND, THE OTHER TWO MIGHT BECOME SUSPICIOUS, AND TAKE US BACK TO SQUARE ONE BY RESISTING. WE THEREFORE PROPOSE TO TAKE ALL THREE
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