CODE 18-77

RESTRICTED

H of E

HE

HICK

RESETY

Reference

34112

Y NO. 51

2 3 MAR 1921

DESK OFFICIA INDEX

NO/MS

PA

PESTRY Action Taken

P02613

R+R

to me

MAS

sealed

VIETNAMESE REFUGEES FROM CHINA IN DETENTION IN HONG KONG

23

1. As foreshadowed in Mr Orr's letter of 7 March to Mr Stitt, Sacha Casella. of UNHCR came to see me yesterday to report on his visit to Hong Kong. I pointed to the need for UNHCR to speak with one voice on this subject. Mr Casella said that he was so doing and that he was accompanied in Hong Kong by Jacob Möller (Mr Mousalli's assistant) of the Protection Division.

2. He stressed that UNHCR's approach since September 1979 to the problem had been consistent and correct. For as long as refugees had left China because family reunification direct from China was not then possible, UNHCR was in principle absolutely right to ask for such cases to be resettled from Hong Kong, and exempted from return to China. He admitted that the lists drawn up by UNHCR had not always been accurate but these had been produced under the pressure of time often when the refugees were on the point of being returned. But Mr Casella maintained that such inaccuracies did not affect the principle upon which UNHCR was acting. Whilst he had not always agreed with the Protection Division he believed that UNHCR was right to go to the lengths (he had in mind the 6 démarches we received) it did in trying to get family reunification cases exempted. (Incidentally para 1 of HK tel no 85 appears to distort the position which UNHCR held all along that is UNHCR only ever requested exemption for family reunification and humanitarian cases (10% approx). They never argued on behalf of all the 8,000 or so Vietnamese refugees who came from China)

10,

3. The situation had, however evolved since November/December when UNHCR last approached us. Partly flowing from those exchanges which also involved the Chinese, UNHCR had secured agreement from them and the US for reunification direct from China - 8,000-9,000 refugees might be eligible. Hong Kong had also agreed to UNHCR having complete access to the 2439 already in detention and that their dossiers could be passed to the UNHCR Office in Peking in advance of their return so that the resettlement process could start before they arrived. The system was now working quickly and smoothly with refugees moving regularly from China to resettlement countries. There was thus no longer any reason why all those detained in Hong Kong should not be returned to China where they could just as easily apply for. resettlement. UNHCR would therefore not be making any more appeals. Even, so the exemption of 17 persons had been a useful face saving device for all concerned. UNHCR were relieved and pleased that the problem had been resolved to the satisfaction of all. We agreed that there was no point in further analysing the rights and wrongs of past history.

4. Mr Casella commented that Japan would be acceding to the Convention this year and China might do so too. He did not suggest that Hong Kong would be interested in following suit but

RASËRICTED

/if

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