TNAG-2908-FCO40-4182-Detention-of-Hong-Kong-residents-in-China-1993 — Page 17

CONFIDENTIAL

132476 MDTTAN 8101

IN BUSINESS WITH CHINESE PARTNERS. WE SEE NO LEGAL WEAKNESS ABOUT DOING THIS AT MINISTERIAL LEVEL IN PARTICULARLY BAD CASES, PROVIDED THE TERMS OF THE APPROACH ARE RIGHT.

4. IN PRACTICE, THE LEVEL AND NATURE OF OUR REPRESENTATIONS HAVE VARIED ACCORDING TO THE MERITS OF INDIVIDUAL CASES: THOSE OF THE 4 HONG KONG RESIDENTS ON THE PRIME MINISTER'S LIST HAD (UNLIKE CHONG'S) A STRONG POLITICAL DIMENSION. THE CHINESE RESPONDED THAT THESE WERE CHINESE CITIZENS, BEING DEALT WITH ACCORDING TO CHINESE LAW. TO OUR KNOWLEDGE, NONE OF OUR REPRESENTATIONS HAS EVER ELICITED MORE THAN OCCASIONAL CLARIFICATIONS OF THE CIRCUMSTANCES OF PARTICULAR INDIVIDUALS. HOWEVER THE CHINESE HAVE NEVER EXPLICITLY DENIED OUR GENERAL RIGHT TO RAISE THE CASES OF HONG KONG RESIDENTS EITHER HERE, IN PEKING OR IN LONDON..

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5. THERE MAY BE A THEORETICAL RISK THAT FURTHER MINISTERIAL PRESSURE OVER CHONG WILL CAUSE THE CHINESE TO PUT UP THE SHUTTERS. BUT THE REASON WE ARE CONSIDERING THIS OPTION IN THE FIRST PLACE IS THAT THE SHUTTERS HAVE EFFECTIVELY BEEN UP FOR THE LAST TWO YEARS. SO WE HAVE LITTLE TO LOSE. AND IF WE RAISE THE PRESSURE, THE CHINESE MAY EVENTUALLY CONCLUDE THAT IT IS BETTER TO PROVIDE INFORMATION ABOUT CHONG'S CIRCUMSTANCES THAN TO RISK THE UNPLEASANT PUBLICITY WHICH MIGHT EVENTUALLY ARISE FROM THEIR CONTINUED SILENCE (THOUGH WE SUSPECT IT WOULD BE COUNTER-PRODUCTIVE FOR US EXPLICITLY TO THREATEN SUCH PUBLICITY, EVEN IF CHONG'S FAMILY WANTED THIS: THEY HAVE SO FAR PREFERRED TO PURSUE THEIR CAMPAIGN IN PRIVATE). WE DOUBT IN ANY CASE WHETHER MINISTERIAL PRESSURE OVER CHONG IS LIKELY TO MAKE THE CHINESE ANY LESS HELPFUL THAN THEY WOULD OTHERWISE BE

ON FUTURE CASES.

6.

WE HAVE BEEN CHECKING PERIODICALLY WITH NCNA WHETHER THEY ARE YET IN A POSITION TO RESPOND TO OUR REPRESENTATIONS ABOUT CHONG. THEY ARE NOT. SUBJECT TO ANY FURTHER CHINESE RESPONSE IN PEKING (PEKING TELNO 1065 REFERS), WE THEREFORE THINK IT WOULD NOW BE USEFUL IF MINISTERS COULD FOLLOW UP WITH THE CHINESE EMBASSY MR GOODLAD'S INITIAL APPROACH ON 16 JULY.

7.

THERE IS HOWEVER A FURTHER COMPLICATION. WE HAVE RECENTLY DISCOVERED THAT THERE HAS BEEN CORRESPONDENCE ABOUT CHONG'S CASE GOING BACK TO MARCH 1992 ON THE INTERPOL NET, BETWEEN THE ZHENGZHOU PUBLIC SECURITY BUREAU (PSB) AND THE ROYAL HONG KONG POLICE (RHKP). AT THE REQUEST OF THE FORMER, THE RHKP PROVIDED FACTUAL INFORMATION ABOUT CHONG'S COMPANY CHERE LUCK INDUSTRIES LIMITED) AND INTERVIEWED HIS COLLEAGUES ABOUT THE COMMERCIAL

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CONFIDENTIAL