CONFIDENTIAL

2

UNHCR

4.

At present the UNHCR accepts responsibility for refugees only

after they have disembarked. The proposal is that he should agree

to process them and to pay for subsistence and medical and

sanitary requirements immediately on rescue.

5.

sea,

It appears possible for the wording of item xviii in the

UNHCR's Programme of Action that he wishes to draw a distinction

between payment of care and maintenance for refugees rescued at

which he is prepared to finance, and expenses in relation to those

who arrive in small boats, which he may not be prepared to meet.

This distinction, if it is intended, would be undesirable and

illogical.

First Port of Call

Although

6. It would be highly desirable for the avoidance of shipowners'

losses that this principle should be fully adopted in its widest

acceptable form, ie including the ideas in paragraph 7(ii).

there would be scope for abuse by Masters falsely invoking the

latter provisions in order to disembark refugees, the UK should

nevertheless press for their acceptance.

7. As noted in paragraph 11 of the Paper, the prospects for

acceptance of the first port of call principle are not good.

Moreover with the present low level of off take irom Hong kong, and

with few other states in the region implementing the principle,

the Government of Hong Kong have said that they can no longer

automatically apply the principle but will consider each case

on

its merits. A possible alternative formulation, which would shift

the load from first port of call countries to flag states, would be

to amend paragraph 7(i) of the Paper to read as follows:-

"Participants could call for universal observance of the

principle that states at which a vessel makes its first

scheduled call after achieving rescue should permit

/refugees

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