ZCZC
HMLNAN 5741
CONFIDENT ÞAL
TT FCOLN
TT GEMUS
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FM HOKON TO FCOLN
060740Z MAY
GRS 500
CONFIDENTIAL
FM HONG KONG
TO TELETTER FCO
TELETTER NER
OF 06074OZ MAY 86
INFO TELETTER UKMIS GENEVA, HANOI
FROM: JEAFFRESON, SECURITY BRANCH
FOLLOWING FOR: HUM, HKD
COPIED TO : UKMIS GENEVA
HANOW
10
Curry
Han 24315
RECEIVED IN REGISTRY 27 MAY 1986
DESK OFFICER
REGISTRY
INDEX
PA
Action Taken
VIETNAMESE REFUGEES : INVOLUNTARY REPATRIATHON
DISCUSSED
DURING HIS VISIT TO HONG KONG ON 28 APRIL, HMA HANO WITH US, AT OUR REQUEST, THE PRESENT SHTUATION REGARDING ILLEGAL
DEPARTURES FROM VIETNAM.
2. WE EXPLAINED THAT ALTHOUGH 1985 HAD SHOWN AN ENCOURAGING DECLINE IN THE REFUGEE POPULATION IN HONG KONG (MAHNLY AS A RESULT OF A 50 PERCENT REDUCTION IN THE NUMBERS ARRIVING), WE WERE NOW FACING AN INCREASE IN THE NUMBERS ARRIVING. COMPARED TO THE PERIOD UP TO THE END OF APRIL 1985, WE ALREADY HAD 66 PERCENT MORE ARRIVALS SO FAR THIS YEAR. 53 PERCENT OF THE ARRIVALS SO FAR THIS YEAR HAD COME FROM NORTH WIETNAM, COMPARED TO 22 PERCENT UP TO THE END
OF APRIL 1985 AND AN OVERALL AVERAGE OF ABOUT 25 PERCENT FOR THE
PAST FEW YEARS. WE EXPLAINED THAT NORTH WIETNAMESE WERE DIFFICULT TO RESETTLE.
3. HMA POINTED OUT THAT THE VIETNAMESE AUTHORITIES HAD RECENTLY PUBLISHED A NEW CRIMINAL CODE, WHICH MERELY CODIFIED PREVIOUS PRACTICE. THE PENALTY FOR THOSE LEAVING VIETNAM HILLEGALLY WAS NOW
CLEARLY ESTABLISHED TO BE A MAXIMUM OF TWO YEARS IN JAHL. THERE
WAS A FIVE YEAR STATUTE OF LIMITATIONS ON THIS OFFENCE. THE
WIETNAMESE REFUGEES WHO WERE 'RESCUED BY A RUSSIAN SHIP OFF THE
COAST OF THE PHILIPPINES LAST YEAR HAD BEEN SENTENCED ONLY TO
THREE MONTHS ON A RE-EDUCATION CAMP.
4. AS WE SEET HIT, THERE ARE SOME SIGNS THAT THOSE RETURNING TO WIETNAM WOULD BE SUBJECT TO NORMAL (WITHIN THE VIETNAMESE
MEANING OF THE TERM) PUNISHMENT. MORE IMPORTANT, THERE ARE NO (NO)
HINDICATIONS THAT THOSE RETURNING WOULD BE SUBJECTED TO HARSH OR
INHUMANE TREATMENT. WE DO NOT KNOW WHAT CONDITIONS ARE LIKE HN
VIETNAMESE JAILS: WE DO NOT KNOW WHETHER THE VIETNAMESE AUTHORITIES
WOULD CHARGE THOSE WHO HAD COMMITTED OTHER PRESUMED OFFENCES
(THEFT OF BOATS, ROBBERY) AT THE TIMME OF THEIR DEPARTURE: THERE
ARE L'IMITS ON THE EXTENT TO WHICH WE COULD MONITOR WHAT HAD
HAPPENED TO THOSE WHO WERE RETURNED. THESE POINTS MIGHT CONTINUE
TO RENDER US VULNERABLE TO PARLIAMENTARY CRITICISM. NEVERTHELESS,
WE FEEL THAT CIRCUMSTANCES MAY HAVE CHANGED SUFFICIENTLY TO JUSTIFY A NEW ATTEMPT TO SOUND OUT THE WIETNAMESE ON INVOLUNTARY REPATRIATHON.
5. WE EXPECT THAT, IF APPROACHED, THE VIETNAMESE WOULD AGAIN RESPOND
THAT EACH APPLICATION MUST BE TREATED ON A CASE BY CASE BASHS, HT IS
TOO MUCH TO HOPE FOR SWEEPING GENERALITIES. NEVERTHELESS WE SUGGEST
THAT YOU MAY WISH, IN CONJUNCTION WITH SEAD, TO DISCUSS THIS MATTER
WITH HMA HANON WHEN HE RETURNS TO LONDON ON HIS MID-TOUR LEAVE.
IT SEEMS WORTH RUNNING OVER THE PROS AND CONS AGAIN, IN THIS MATTER
OF IMPORTANCE TO HONG KING (AND YOU WILL HAVE SSEN FROM OUR COMMENTS
ON THE RAY REPORT THAT THE AMERICANS ARE COMING ROUND TO THE
VIEW THAT SOME OF THOSE DEPARTING FROM VIETNAM ARE ECONOMIC
MIGRANTS). SEEN FROM HERE IT MIGHT NOW BE POSSIBLE TO FORMULATE AN
AGREED APPROACH TO THE WIETNAMESE AUTHORITIES.
SIGNED...... JEAFFRESON
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