CONFIDENTIAL
Dan Bryan,
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PS/RR Blake
oreign and Commonwealth Office
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7 NO. 51 London SWIA 2AH
Refugees Found At Sea
29 May 1979
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Ps/Pus
Sir A Parsons Sir A So I sundar
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Mr Cartazzi на Мижаў Mr Leaky
At this afternoon's meeting of Ministers, the Prime Minister SEA asked about our legal obligations relating to refugees found at sea by British ships.
Our international obligations, which require the master of a British ship to assist people in distress at sea, are to be found in Article 11 of the 1910 Brussels Convention on the Unification of Certain Rules of Law respecting Assistance and Salvage at Sea; and in Regulation 10 of Chapter V of the 1960 International Convention for the Safety of Life at Sea. I enclose copies of those two treaty provisions.
UND
HKG D
FED
Our international obligations under those Conventions are made part of our law by section 6 of the Maritime Conventions Act 1911, and section 22 of the Merchant Shipping (Safety Convention) Act 1949 - the 1949 Act covers the position under the 1960 Convention because the relevant provision of that Convention substantially repeated provisions in an earlier Convention of 1948. I also attach copies of the relevant sections of those two Acts.
Neither treaty requires us to accept those rescued for permanent residence in our territories but does not specify any alternative normally, of course, they would return to their own countries. Those fleeing by boat from Vietnam may be eligible to be considered as "refugees" as defined in Article A. (2) of the 1951 Convention on the Status of Refugees, as amended by a Protocol in 1967. The Convention does not impose an obligation upon a party to it to admit refugees to its territory, but does impose certain obligations as to their treatment if they are admitted; it may also prevent the return of a refugee to the country where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion. However, the Convention only applies to our dependent territories if a declaration to that effect has been made. According to our treaty records no such declaration has been made in repsect of Hong Kong.
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If we wished to divest ourselves of our obligations under the treaties which I have mentioned, we should have to denounce them. All three Conventions contain a provision allowing for denunciation, on one year's notice: denunciation would have to apply to the Conventions as a whole, including the complex provisions relating generally to safety of life at sea. In addition to denouncing the Conventions, it would also seem to be necessary to amend the legislation. which imposes obligations on masters of British registered vessels to assist distressed persons at sea, and imposes criminal penalties if they fail to fulfil those obligations.
BG Cartledge Esq
CONFIDENTIAL
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