CODE 18-77
11
Reference
101
HONG KONG:
VIETNAMESE REFUGEES
1. H of C's minute of 5 March (below) states that Hong Kong Department are trying to track down chapter and verse of the agreement whereby Vietnamese boat people automatically receive refugee status. Mr Nesh (SEAD) raised similar query a few weeks ago.
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2. I spoke to UNHCR at that time. There are sensitivities M.
in that such a ruling was never laid down in black and white. When the exodus from Vietnam started in 1975 those leaving were termed displaced persons. Between then and the International Conference in 1979 this description was extended to "refugees and displaced persons", a phrase which was used constantly during the meeting. The Secretary-General's closing remarks at the Conference included the point that, pending arrangements for resettling, it was essential that the countries of initial arrival should fully respect the principle of first asylum, both for land and sea refugees and that there should be no refoulement.
3.
UNHCR adopted this as their guideline that all who leave Vietnam illegally are convention refugees and should not be sent back. The understanding has never been questioned.
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Adens
9 Merch 1985
HKK 243/5
RECEIVED IN REGISTRY
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OFFICE
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