30 See (29)
UNS 243/3
PS/Lord Belstead
CONFIDENTIAL
VIETNAMESE REFUGEES IN HONG KONG
કા
MKK 243/5
RUSTARD EMENS(PY'NO. $1
2 2 MAR 1983
INDLA
PA
REGISTRY
Action TakA
(M22013
1. We have now seen Mr Burrows' minute of 18 March to Mr Clift proposing an additional paragraph 5 in the draft minute from Lord Belstead to the Secretary of State. Mr Burrows advises that we should be acting contrary to our obligations under the International Covenant on Civil and Political Rights (I believe he has Article 7 in mind) if we send refugees back to Vietnam whilst at the same time having reason to believe that the Vietnamese Government would fail to respect their human rights. I believe that Mr Burrows' advice is based on an analogy between Article 7 of the International Covenant and a similar provision of the European Convention on Human Rights, the subject of a recent determination of the European Court.
2. Whilst not wishing at this stage to take issue with this legal advice, I thought it would be as well to advise the Minister that in the view of this department at least there is little likelihood of HMG being made the object, on this account, of a formal complaint under the International Covenant. You may therefore like to consider adding to this new paragraph a second sentence similar to that contained in paragraph 7 of Lord Belstead's minute of 27 January to the Secretary of State, viz:
'MKK243/3 1
''Nevertheless I am advised by the United Nations Department that the possibility of the United Kingdom being made the object of a formal complaint by some other government in any international human rights machinery as a result of this breach is so low as to be almost negligible'
Indeed paragraph 7 of the January minute (copy attached) is relevant in toto to Mr Burrows' latest point.
21 March 1983
cc: Mr Cft HK&GD
Mr Donald
Mr Burrows Mr Anderson
bramants
P J Roberts
United Nations Department
Mr. Sith
л
т
воей
D21/2
pa. (Repatriation).
7J27/
CONFIDENTIAL