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(b) Involuntary repatriation to Vietnam

The Hong Kong Government has proposed this on

several occasions

in

a paper sent

since 1982. Their proposals were set out in detail with Sir P Haddon-Cave's letter of 9 February 1984 to Mr Donald,

then AUSS. (Letter and paper attached). The proposals are based on

the premise that the majority of arrivals are now not true refugees,

and they should therefore be treated in the same way as persons from other countries seeking to enter Hong Kong: new arrivals would be

screened, and those who lacked either proper documentation of convincing grounds on which to claim asylum would be treated as illegal immigrants and returned to Vietnam. Only those able to provide convincing grounds for asylum as refugees would be granted it. This would be in keeping with Hong Kong's treatment of illegal immigrants from China, who have been repatriated since 1982.

14. Option 13(a) above would certainly be effective. However the

argument that led Ministers to decide against it in 1984 remains as

strong today.

15. Option 13(b) should be a much more effective deterrent to

would-be arrivals than the closed centre policy. It could allow

Hong Kong to open up the closed centres. It would be popular with

Hong Kong's Chinese population. Its principal drawbacks are:

(a)

Likely human rights objections to involuntary repatriation; unlikely that Vietnamese government would give assurances of humane

treatment.

to

(b) Unlikely that Vietnamese would take them back. When the UNHCR, Mr Poul Hartling, visited Hanoi in September 1984, the Vietnamese

Foreign Minister said that if certain Vietnamese did not

participate in the work of reconstruction and left Vietnam, there

was ΠΟ reason why Vietnam should take them back. He said that

Vietnam would consider applications on a case-by-case basis; given the large numbers involved, this statement, even if sincere, me ans

very little (Mr Hartling only raised the question of voluntary

repatriation, although we had asked him also to raise involuntary

repatriation; but the Vietnamese cannot be expected to have a more forthcoming attitude towards the latter).

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