Flight exercises to test China waters

The government is considering conducting “freedom of navigation” exercises in the South China Sea.

The Abbott government is ­actively considering conducting its own “freedom of navigation” exercises near artificial islands built by China in disputed territory in the South China Sea.

The government is understood to be examining all options but the most likely appears to be a flight by a P-3 maritime reconnaissance aircraft, perhaps flying out of the former Australian base at Butterworth in northern Malaysia.

The Royal Australian Air Force aircraft would fly within 12 nautical miles (22km) of an artificial island built by the Chinese, with Beijing certain to react.

It could expect the same Chinese reaction as the US received when it flew a P-8 reconnaissance craft over Fiery Cross Reef in the Spratly Islands on May 20 with a CNN crew aboard to take footage of Beijing’s massive building works, sand dredging and land reclamation. The Chinese repeatedly ordered the Americans to “leave immediately” but did not take any other actions.

Australia already routinely flies P-3 surveillance aircraft over the South China Sea.

A series of statements by Tony Abbott, Defence Minister Kevin Andrews and Defence Department secretary Dennis Richardson have made clear Canberra’s opposition to Beijing’s artificial ­island building.

China lays claims to a significant part of the South China Sea, setting up territorial disputes with nations including Vietnam and The Philippines. At a security conference in Singapore last weekend, Mr Andrews joined US calls for China to halt land reclamation activity, warning of the potential for miscalculation and conflict.

Federal government lawyers believe any “freedom of navigation” flight by Australia would be within international law because only land features visible above high tide can generate territorial rights, such as the 12 nautical mile territorial waters zone.

As a result, Canberra could say that it continued to take no position on which nation’s claim to sovereignty over the islands of the South China Sea was valid but that it was free to fly close to artificial structures no matter who created them. “Freedom of navigation” is a principle of international law that, with exceptions for territorial rights, prevents states from interfering with the passage of ships or aircraft flying the flag of a sovereign state.

The federal government has not taken any decision on such an exercise but it is considered very likely, with Canberra carefully calibrating any potential move.

A flight by a P-3 is likely to happen more quickly than sailing an Australian naval vessel through such waters because it is much easier to arrange at short notice. However, it is also considered likely that within a few months an Australian ship would sail within 12 nautical miles of one of Beijing’s artificial structures.

The decision to send a ship or aircraft is not likely to occur as part of any US-led operation.

The most likely context for an Australian naval vessel asserting freedom of navigation rights is a port visit to Manila in The Philippines or to Vietnam. It may not conduct a naval deployment specifically to breach what Beijing considers its territorial waters in the South China Sea, but would do so incidentally as part of a voyage for another purpose.

This would still assert full freedom of navigation rights.

Acting Defence chief Ray Griggs yesterday confirmed the warship HMAS Perth was in the South China Sea, although there was no suggestion a freedom of navigation voyage would be undertaken by this vessel.

Canberra has been in close dialogue with Washington and other regional partners over the South China Sea. The Abbott government was informed of the US P-8 flight that carried the CNN crew well in advance.

The Australian government would not be the only government asserting freedom of navigation in this way. The Philippines and Vietnam sail within the 12 nautical mile zone of artificial Chinese constructions in the areas in dispute. It is considered likely Japan and possibly India could make similar gestures to assert freedom of navigation.

It is almost certain the US will follow up the P-8 flight with further flights and naval voyages.

US Defence Secretary Ashton Carter has repeatedly said the US will sail and fly wherever inter­national law permits.

On Sunday, a top Chinese military leader threatened to declare an Air Defence Identification Zone in the South China Sea.

The US, Australia and Southeast Asian nations would regard the declaration of a Chinese ADIZ in the South China Sea as a major escalation.

An ADIZ requires nations to give advance notice of any flight through the declared zone. Some observers believe Beijing could be tempted to set up an ADIZ over a vast area of the South China Sea.

In late 2013, Beijing declared an ADIZ over the disputed Senkaku Islands (known as the Daiyou in China), which both Beijing and Tokyo claim. Civilian airliners have generally abided by the Chinese ADIZ but the US airforce sent B-52 bombers to fly though the ADIZ without notification to Beijing to stress US freedom of ­aviation in the zone.