PERMISSION REQUESTED FOR BOARDING OF M/V DIPLOMAT

C O N F I D E N T I A L HONG KONG 000211

SIPDIS

STATE FOR EAP/CM
STATE FOR ISN/CATR MITCHELL

E.O. 12958: DECL: 02/04/2024
TAGS: ETTC PARM PREL HK CH
SUBJECT: PERMISSION REQUESTED FOR BOARDING OF M/V DIPLOMAT

REF: STATE 9902

Classified By: CG Joseph Donovan, Reason 1.4 (b) and (d).


1. (C) On February 4, Econoff and OLA Chief (Defense Attache
equivalent) conveyed reftel talking points to Hong Kong
Maritime Department Director Roger Tupper and Assistant
Director K.L. Lee. Tupper cited the Convention for the
Suppression of Unlawful Acts against the Safety of Maritime
Navigation (SUA Convention),specifically the 2005 SUA
Protocols, as the existing international agreement that would
cover this situation. He claimed, however, that only eight
countries had ratified the 2005 SUA Protocol. The Protocol
did not appear
to provide Hong Kong Government with a legal basis to authorize
stopping the
M/V Diplomat on the high seas. Moreover, because Hong Kong is
is the Flag Administrator,
while the People's Republic of
China is the Flag State, Hong Kong has even less latitude to
authorize the U.S.-proposed course of action, said Tupper.


2. (C) Tupper stated that the Hong Kong Government's
position is clear: the Hong Kong Government fully complies
with and supports UN resolutions on preventing the
proliferation of weapons; however, he emphasized there was no
legal basis for the Hong Kong Government to authorize U.S.
personnel to board the M/V Diplomat on the high seas. Though
he did not expect any additional action, Tupper promised to
forward our concerns to the Hong Kong Government's Secretary
of Transportation and Housing for consideration.


3. (C) Post is also attempting to deliver a parallel
message to Hong Kong's Trade and Industry Department, our
usual interlocutor for export control issues, for their
information. The Maritime Department, however, clearly has
action on our request.
DONOVAN