BCS OV BOTCS?
86/1
RECEIVED
RECISTRY
17 AUG 1993
DESK ONTOLK
INDEX
PA
REGISTRY Action Taken
Mr Spiceley
AMD
KAL 007
Mr Bunten
pass..
MBJ
1818.
ра
From: The Legal Adviser
Date: 13 August 1993
Cc: Mr Sullivan, NTCD Ms Speller,
Eastern Dept
Mr Gibson, FED Mrs Barnes-Jones,
HKD
38
1. Ambassador Kirsch of the Legal Division in the Canadian Ministry of Foreign Affairs asked me today whether, like Canada, we were giving consideration to lodging a formal claim with the Government of the Russian Federation in respect of British citizens killed on the Korean airliner when it was shot down by the Soviet Airforce, given that the Russians have to all intents and purposes admitted that this attack was unjustified. He said that pressure was mounting on the Canadian Government to file a formal claim in view of the fact that the US Government was itself likely to do so. They were at the moment considering whether the claim should be limited in amount to compensation for the deaths of Canadian citizens, or should include also an additional element in respect of pain and suffering and an element of punitive damages in respect of injury to the claimant government as such.
2.
I know that it was carefully considered at the time whether we should claim, although as I recollect it the Soviet Union flatly refused to countenance claims from other governments. I told Ambassador Kirsch therefore that I would enquire what the state of our thinking was and let him know when I see him in Geneva at the end of the month.
3.
As I recollect it, the British citizens killed on board the aircraft were from Hong Kong. I am therefore copying this minute to HKD.
F D Berman
No comments yet.
Private notes are available after approval.