Mr McQuade HK&GD

HKK 243/3

CONFIDENTIAL

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VIETNAMESE REFUGEES : CLOSED CAMPS.

1. I had a few brief words this morning with Mr Astin (Solicitor General, Hong Kong) who is in London until the end of next week. He asked what was happening in connection with this problem, and I said I was about to ask him the same question.

2. I said that our Minister had expressed disquiet at the present situation and that I understood, although I was not certain, Hong Kong and General Dept had conveyed this to Hong Kong. Since there is no way in which we can escape from our obligations in respect of Hong Kong under the International Covenant on Civil and Political Rights the only practical solution was for Hong Kong to amend its law. The basic problem was created by the fact that these refugees were imprisoned. It was the fact that they were being kept under lock and key that was at the root of all our difficulties under the Covenant. I added that the only alternative I could see would be to disallow Hong Kong's law. Mr Astin gave no indication of what, if anything, was being done in Hong Kong to find a solution to the problem, but he said he would report our conversation to Jom Griffiths (Attorney General). He seemed to be quite unaware of any development since our last meeting with "John Griffiths in London.

3. Unfortunately our conversation had to be very brief because Mr Astin is fully engaged today, and I shall be in Strasbourg next week.

7. Burrows

F Burrows

Legal Counsellor

CODE 18,77

26 November 1982

cc: Mr Edwards, Legal Advisers

CONFIDENTIAL

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