CONFIDENTIAL
IMMEDIATE
HER CAT/A
S 500
RECEIVED IN
REGISTRY No.52
FM HONG KONG 096738Z
-9 JUL 1974
CONFIDENTIAL
HKKI+/5
TOP COBY CODV
1974
DESKBY 096900Z
TO IMMEDIATE F C O TELEGRAM NUMBER 735 OF 9 JULY INFO IMMEDIATE
SAIGON.
FOR H K AND 1 0 D.
YOUR TELEGRAM NO 630 OF 8 JULY.
LACT
RE:
NEXT
RES
97
PARLIAMENTARY QUESTION: ILLEGAL IMMIGRANTS FROM SOUTH VIETNAM.
WE MUST TAKE INTO ACCOUNT THE CONTEXTS IN WHICH THE VARIOUS ASSURANCES WERE GIVEN, PARTICULARLY SINCE IT WAS THE SUM TOTAL OF THE ASSURANCES GIVEN TO SAIGON, THE F C O AND HERE WHICH AMOUNTED TO A REASONABLE GUARANTEE. NEITHER WE NOR THE VIETNAMESE GOVERNMENT WERE AWARE UNTIL AFTER THE GROUP HAD RETURNED THAT IT INCLUDED ONE SMUGGLER WHO HAD ALREADY BEEN SENTENCED TO DEATH IN ABSENTIA. MOREOVER, ALTHOUGH IT WAS CLEAR FROM INTERROGATION THAT THE VAST MAJORITY OF THE MEN IN THE GROUP HAD COME TO HONG KONG TO AVOID THE MILITARY DRAFT, NEITHER WE NOR THE VIETNAMESE GOVERNMENT WERE AWARE AT THE TIME THAT THE GROUP INCLUDED SOME DESERTERS (PARAGRAPH 3 OF SAICON TELEGRAM NO 176 OF 1 JULY). WHAT THE ASSURANCES AMOUNT TO IN PRACTICE WAS WELL STATED IN PARAGRAPH 2 OF SAIGON TELEGRAM NO 176.
2. THIS IS BORNE OUT BY THE TERMS OF THE PRESS RELEASE ISSUED BY SOUTH VIETNAMESE CONSULATE GENERAL ON 17 JUNE COMMENTING ON THE RETURN OF THE GROUP. IT STATED, "THERE SHALL BE NO FIRING SQUADS. THERE SHALL BE NO HARD LABOUR, THERE IS ONLY OFFENCE TO IMMIGRATION LAW OF THE REPUBLIC OF VIETNAM WHICH IS SIMILAR TO ANY IMMIGRATION EMIGRATION LAW OF ANY COUNTRY. IT IS ALWAYS PROPER IN VIETNAM TO APPLY FOR A TRAVEL DOCUMENT TO GO ABROAD, IF THERE IS VALID PURPOSE, AND IF THE APPLICATION IS MADE UNDER THE RIGHT PROCEDURE''
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