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3. United Nations Department consider that, anticipating an adverse reaction, neither the UN Secretary-General nor the UNHCR would want to take the initiative in suggesting a scheme, like one of those under review, to any country in South East Asia. We could ourselves make soundings. But before we did so it would be prudent to seek the views informally of Mr Hartling. Mr Blaker may wish to consider doing so during his forthcoming visit to Geneva. The schemes could, of course, be considered at the international conference we have proposed.
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(b) Whether the Hong Kong Government have given any thought to the possibility of establishing short-term processing facilities on Lantao Island.
(i) In March, the Hong Kong Government carried out a detailed survey of all possible sites in Hong Kong where temporary camps for refugees could be located. Bearing in mind the requirements for sanitation and other services, the Hong Kong Government concluded that an outer island site would not be feasible and that any site selected would have to be either on the mainland or on Hong Kong Island (details, provided by Hong Kong and General Department, are attached).
(c) The First Port of Call Rule.
(i) There is no rule of international law providing for a vessel which has picked up people in distress to disembark them at its first port of call. In normal ! circumstances, when people rescued are not, in effect, stateless, masters could expect to disembark them at the first convenient port, and the port state would be unlikely to create difficulties;
(ii) The "First Port of Call Rule" arose in the context of boat refugees, in a
consensus decision of the UNHCR's Executive Committee in October 1978; the UK was represented. This called, inter alia, for all states to allow temporary asylum to all refugees coming to their shores as the first port of call after having been rescued by a ship. However this was an exhortation rather than a rule of law.
(d) The rule placing an obligation on us to admit to this country people picked up by British ships.
(i) There is no affirmative rule of international law to this effect. But, following the UNHCR Executive Committee decision of October 1978 several states informed the UNHCR that they would ultimately accept responsibility for such refugees. A list of such countries is attached.
HK&GD, UND and the Legal Advisers have been consulted on the terms of this reply.
མི་ཚཐས་
A M Simons
i
11 June 1979
CONFIDENTIAL
South East Asian Department