HKK 243/332/1

1 0 NOV 1977

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Action Taken

Mr Humfrey, SEAD Mr Sullivan, WIAD Mr Thompson, HKGD

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1158

VIETNAMESE REFUGEES

1.

We spoke about your minute of 9 November covering a revised draft reply to Mr Taylor (Home Office) commenting on the draft submission enclosed with his letter of 10 October. The revision seems in substance only a minor change of your draft of 21 October.

2. As explained in my minutes of 24 and 26 October I believe we should propose only a minor amendment to paragraph 6 of the Hone Office draft submission. My further thinking on this matter is summarised in Mr Thompson's (HKGD) minute to you of 25 October.

3.

I consider that we should commit the Government only to assisting in the case of refugees uplifted from the sea by vessels registered in the United Kingdom. However, so that the Home Secretary's hands shall not be tied, he should have discretion to extend assistance in other cases as he considers appropriate in the individual cir- cumstances of the event. This would enable the Home Secretary, where desirable, to afford assistance/sanctuary for refugees picked up by say vessels registered in the Colonies or vessels flying a foreign flag but which are beneficially owned by UK nationals. However, as I have emphasised in our discussions and minuting on this subject, I recommend that in taking this open-ended discretion the Home Secretary should avoid emphasising publicly or in Parliament the reason why he is seeking discretionary approval. First it is not unreasonable to expect most dependant terriroties having merchant fleets to accept the responsibility of those fleets. This would mean hat they would accept responsibility in the first instance for dealing with refugees picked up in vessels registered in their terrifories. Bermuda has a growing fleet and has been strongly criticised by many states as a flag of convenience. Those vessels are largely owned by US/Scandinavian/Japanese ship owners and it is questionable whether we should provide automatic sanctuary in respect of refugees picked up by such vessels.

- have

Few UK-owned vessels fly a foreign flag. The few involved which generally fly a flag of convenience which is deprecated registered their vessels under a foreign flag because of the advantages which they derive from such registration. They should not have their cake and eat it. If they fly a foreign flag they cannot and should not receive the benefits which the UK Government afford to vessels flying the UK flag. This would be tetely contrary to our maritime policy.

5.

In view of the foregoing I hope you can agree to re-cast your letter on these lines. However I accept that MAED is concerned with shipping and this subject is the question of the Government's policy on providing assitance for Vietnamese refugees which rests primarily with your Department and SEAD.

A L Free-Gore

COCE 19-77

10 November 1977

Maritime Aviation & Environment Dept

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