HK turns blind eye to China incursions

HONG KONG jurisdiction over part of the territory has in effect been relinquished after the Security Branch told police not to cross a line up to five kilometres from the border.

The practice had led to encroachment by Chinese security forces, which have continuously pushed forward the frontiers of their jurisdiction in Mirs Bay knowing Hong Kong is unlikely to react.

With 1997 approaching, police are becoming more lenient towards incursions by security vessels into Mirs Bay to protect operational arrangements.

'Under an internal direction, there is a line we will not cross,' said a senior Marine Police officer. 'You will find it in Cap 242.' Cap 242 refers to the Smuggling Into China (Control) Ordinance 1948, which gives China certain anti-smuggling powers in an area near its coast in Mirs Bay and Deep Bay, of which the high water mark is the actual border.

However, the ordinance specifically states it should not limit Hong Kong's jurisdiction in the areas.

Security Branch would not answer questions about the Cap 242 line and could not say where Hong Kong jurisdiction ended in Mirs Bay. But another police source said the Cap 242 line had become a virtual border with China in Mirs Bay.

'In certain circumstances we would go beyond it, if our guys were chasing a smuggler for instance, but we would certainly never go within a mile of the coast.' The line ranges from about five to less than one km from the Mirs Bay coast, a more sensitive area than Deep Bay because of Chinese security bases.

No agreements appear to exist affording China such exclusive rights to this section of Hong Kong territory.

However, anyone flying over Mirs Bay needs permission from Security Branch, and private companies will not fly within six km of the coast.

But while Security Branch insists the police and navy keeps away from the Chinese coast, Chinese security forces are allowed to regularly operate in Hong Kong waters, well beyond the Cap 242 line, sources said.

'It's a question of not wanting to rock the boat,' the source said. 'Come 1997, these areas are all likely to change anyway.'