TNAG-2908-FCO40-4182-Detention-of-Hong-Kong-residents-in-China-1993 — Page 16

See

CONFIDENTIAL

30

CONFIDENTIAL

FM HONG KONG

TELELETTER U/N

OF 04104OZ AUGUST 93

AND TO PEKING

FROM: JOHN ASHTON ESQ

1) Miss Biss not please

Action proposed 21 Mr Mythis

as 'x' (pro).

NOT 5/8.

We need to consider. 4) Mr Woodrow

55/8

/

LIVE

We need Peking's com Then door and op check with consular / FED

whether they seers cumy

DEPUTY POLITICAL ADVISER can not to

HONG KONG

TO:

J MORRIS ESQ HKD, FCO

CC:

N J COX ESQ

PEKING

call in Chibere Aub. again? pom адий (If Peking Rises it with 2hoo, we might want to

for a white), leave be

I suggest you leave it until

HED 015/1

이

RECEIVED IN REC

IN.

33

132476

MDTTAN 8101

05 AUG 1993

DESK OFFICEK

say 11/8 and then consult FED, con Apt ( copy this to them now- they haven't yet seen)

copy to HRPD.

+

сору

HONG KONG RESIDENT DETAINED IN CHINA:

CHONG KWEE SUNG

Buslow Smith, FED

Miss Fleming, Con D. Sevak Telfin, HAPD.

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1.

WE WERE GRATEFUL TO NIGEL COX FOR INITIATING, IN HIS TELELETTER OF 16 JULY, A HELPFUL MIND CLEARING EXERCISE ON THE LEGAL BOUNDARIES WITHIN WHICH WE HAVE TO PURSUE CASES SUCH AS CHONG'S. OUR RESEARCH SUGGESTS THAT, AT LEAST IN THE PAST COUPLE OF YEARS, SUCH CASES HAVE BEEN DEALT WITH HERE ON A LARGELY AD HOC BASIS.

2.

WE AGREE THAT, UNDER INTERNATIONAL LAW, CHINA IS UNDER NO OBLIGATION TO RESPOND TO OUR REPRESENTATIONS ABOUT INDIVIDUAL HONG KONG RESIDENTS WHO ARE CHINESE CITIZENS, AT LEAST WHILE CHINA REMAINS OUTSIDE THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS. EQUALLY, WE HAVE NO FORMAL RIGHT TO DEMAND INFORMATION, OR OTHER ASSISTANCE OF A CONSULAR TYPE IN SUCH CASES.

3.

THAT SAID, THERE IS CERTAINLY NO REASON WHY WE SHOULD NOT RAISE SUCH CASES WITH THE CHINESE, IF NECESSARY IN STRONG TERMS AND AT A HIGH LEVEL, PROVIDED WE DO SO IN A MANNER CONSISTENT WITH THE LEGAL POSITION DESCRIBED ABOVE. WE SHOULD NOT THEREFORE IMPLY THAT WE BELIEVE THE CHINESE HAVE A LEGAL OBLIGATION TO RESPOND. BUT WE CAN CERTAINLY INVITE THEM TO DO SO. WE CAN ALSO EXPRESS HUMANITARIAN CONCERN ABOUT THE TREATMENT OF INDIVIDUALS, AND POINT TO THE POSSIBLE CONSEQUENCES OF SUCH CASES FOR THE WAY IN WHICH CHINA IS PERCEIVED IN HONG KONG OR MORE WIDELY, OR (PERHAPS RELEVANT IN CHONG'S CASE) FOR THE WILLINGNESS OF HONG KONG COMPANIES TO ENGAGE

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