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From: P K Williams
Con 129
United Nations Department
Date: 6 May 1988
cc:
Mr McLaren
Mr Adams, SEAD
Mr Fifoot, Legal Advisers Mr Hewitt, UKMis GENEVA
VIETNAMESE BOAT PEOPLE IN HONG KONG
1.
Filo,
We welcomed the opportunity to comment on your submission of 27 April. Now that the Secretary of State has agreed that you should explore the elements of a new policy with Hong Kong, it might be useful for me to outline a number of areas, particularly regarding our relations with UNHCR, that might now be examined more closely.
2. The legal aspects of any change of policy will be of interest to UNHCR. In particular it will be important for our Legal Advisers to examine the extent to which the proposed policy might conflict with any obligation Hong Kong might have to observe the principle of first asylum and any commitments given at the 1979 meeting on refugees in South East Asia. Some useful work has already been done: Mr Berman's minute of 11 February to Mr Millett suggested that first asylum has no strict definition in international law but that the Governor's statement in 1979 regarding first asylum "should not be regarded as devoid of all significance". The paper attached to Mrs Morphet's minute of 12 April to Ms Slater is also useful in highlighting the conclusion of UNHCR's Executive Committee in 1979 that countries should "grant asylum, or at least temporary refuge". The legal significance of this language and an assessment of the extent to which it is binding would be most valuable.
3. As far as the screening element of the new policy is concerned, I note from your recent exchange of minutes with PS/Lord Glenarthur that you are in touch with the Home Office. You are probably aware that in judging claims for asylum in the UK, they closely follow UNHCR's Handbook on Procedures and Criteria for Determining Refugee Status under the 1951 Convention relating to the Status of Refugees. The UNHCR office in London monitors the procedure through the UK Immigrants Advisory Service. I am sure that Home Office officials would be able to provide more guidance on the detail of the process. I believe that Hong Kong should follow a similar procedure (clearly without the UKIAS element). If we can obtain UNHCR's co-operation, the problem of presenting and explaining the new policy will be easier. Moreover, the resettlement countries are likely to react more positively if they are confident that the screening process is modelled on the guidelines followed by many other countries. that they would not have any confidence in any screening process that did not enjoy UNHCR's co operation.
4.
UNHCR are likely to express concern about those who are
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