CONFIDENTIAL
4.
The remaining question is whether deportees should be allowed to go to a third country if they can show that one will accept them, and whether efforts should be made to find a third country for them to go to. We are not here of course talking about genuine refugees, who, if they do not stay in Hong Kong, should normally be allowed to go to third countries and even helped to do so. Even where there are no such humanitarian considerations, where an illegal immigrant can show that he is acceptable somewhere else, it would be in accordance with normal British practice to allow him to go there, even when, as in the case of Taiwan, there is a risk of clandestine return to Hong Kong. Only in the case of Macao would we be prepared to make a partial exception to the general rule. Where it is plain that a South-East Asian illegal immigrant has no intention of staying in Macao but will come straight back to Hong Kong, we could agree that Macao should not be regarded as an acceptable third country, and that removal to the country of origin may take place.
5.
As for what, if anything, might be done to help such people find a third country to go to, much will of course depend on the circumstances; but we are prepared to accept that there can be no obligation on you; and that where others, such as Amnesty, want to try, this must not become an excuse for unreasonable delay. The final condition is that we hope there will be no special operation to smoke out illegal immigrants already living in Hong Kong. If they come to light in the normal course of business, and if they can be sent away without risking the sort of disturbances that you fear for ex-China illegals who reach the built-up areas, then that would, of course, be all right. But the Minister fears that the appearance of a witch hunt would be difficult to explain to opinion in this country.
6.
Applying these conclusions to individual cases, we agree that if the four South Vietnamese arrested on 16/17 June, or Amnesty on their behalf, have found nowhere to go to, then you need wait no longer, and that provided Lord Goronwy-Roberts's conditions are fulfilled, you may return them as soon as you have spoken to the South Vietnamese about them. The same applies to Ly Han. As for Khou San and other Khmers whose cases are pending, in view of the comments you have received from Phnom Penh (Hamilton's letter of 15 October), we agree that they may be returned, subject to Lord Goronwy-Roberts's conditions and the willingness of the Khmer Government to provide satisfactory
assurances.
Yours ever Andaw
A C Stuart
Hong Kong & Indian Ocean Dept.
CC
Chancery, Saigon Chancery, Phnom Penh Chancery, Peking
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}