2.
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3.
VIETNAMESE REFUGEES:
LEGAL OBLIGATIONS
(a) Safety of Life at Sea
1.
There is an obligation in international law for States
parties to the relevant Conventions* to require Masters of their
registered ships to render assistance to people in distress at sea
provided that he would not seriously endanger his own ship by doing
So. This obligation is made part of the UK law by the Maritime
Conventions Act 1911 and the Merchant Shipping (Safety Conventions)
Act 1949.
*The Brussels Convention on Assistance and Salvage at Sea, 1911
The Geneva High Seas Convention, 1958
The London Convention on the Safety of Life at Sea, 1960
(b) First port of call
2.
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. The so-called "First Port of Call Rule" is no
more than a practice which was given compliance in October 1978 by
a consensus of the UNHCR's Executive Committee. This called for
all States to allow temporary asylum to refugees coming to their
shores after rescue by a ship. It was however an exhortation and
did not have the force of law.
(c) Admission of refugees
3.
There is no rule of international law which places an
obligation on a State to admit for resettlement people rescued
by its vessels, though in the light of the UNHCR Executive Committee's
consensus of October 1978 (paragraph 2 above) several States
expressed their willingness to accept ultimate responsibility for
such people
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