CONFIDENTIAL
273
CONFIDENTIAL
FM FCO
TO ROUTINE HONG KONG
TELNO 1502
OF 091545Z JUNE 88
INFO ROUTINE HANOI
HLCD 243/8
121545
MDLOAN 1750
142: REPATRIATION TO VIETNAM:
YOUR TELNO 1894 AND 2142
1. WE HAVE CAREFULLY CONSIDERED THE VARIOUS ISSUES WHICH ARISE FROM THIS CASE. IN ESSENCE OUR CONCLUSIONS ARE:
(A) WE SEE NO REASON IN PRINCIPLE WHY BOAT PEOPLE WHO ARRIVE IN
HONG KONG AGAINST THEIR WILL AND WHO FREELY WISH TO RETURN TO VIETNAM SHOULD NOT BE SENT BACK THROUGH DIPLOMATIC CHANNELS WITHOUT REFERENCE TO UNHCR LIKE HANOI (THEIR TELNO 23) WE SEE SOME PRACTICAL ADVANTAGES IN INVOLVING UNHCR IN SUCH CASES, BUT NOT OVERRIDING ONES. (B) IN THE EVENT OF A CHANGE OF MIND BY THOSE CONCERNED
(C)
DIFFERENT ISSUES WOULD ARISE. OUR OPINION IS THAT FROM THE STRICTLY LEGAL POINT OF VIEW IT WOULD PROBABLY BE ACCEPTABLE TO REPATRIATE SUCH CASES AGAINST THEIR WILL. GIVEN THE CIRCUMSTANCES OF THE ARRIVAL OF SUCH CASES IN HONG KONG IT IS DIFFICULT TO SEE HOW THEY COULD MEET THE UNHCR CRITERIA
FOR REFUGEES. IT IS ALSO CLEAR THAT THEY WOULD HAVE NO RIGHTS UNDER HONG KONG LAW TO REMAIN IN HONG KONG. ACCORDING TO THE GENERALLY ACCEPTED RULES RELATING TO DEPORTATION A FOREIGN NATIONAL MAY BE RETURNED TO HIS OWN COUNTRY PROVIDED (A) THAT HE HAS BEEN GIVEN A REASONABLE OPOPRTUNITY TO OBTAIN PERMISSION TO ENTER A THIRD COUNTRY IF HE WISHES AND (B) THAT THERE IS NO REASON TO BELIEVE THAT HE WOULD BE ILL TREATED ON HIS RETURN. HOWEVER, IN SUCH CASES OF INVOLUNTARY REPATRIATION WE DOUBT WHETHER UNHCR WOULD BE
WILLING TO CO-OPERATE.
/
QUITE APART FROM THE LEGAL TECHNICALITIES WE HAVE DOUBTS ON
POLICY GROUNDS ABOUT THE WISDOM OF THE REPATRIATION OF INVOLUNTARY CASES, WHATEVER THE CIRCUMSTANCES OF THEIR ARRIVAL AND SUBSEQUENT CHANGE OF HEART. THE DISTINCTION BETWEEN SUCH CASES AND THE STANDARD ECONOMIC MIGRANT CASES IS NOT CLEAR CUT. GIVEN THE SENSITIVITIES ABOUT INVOLUNTARY
REPATRIATION AND THE IMPORTANCE WE ATTACH TO GUARANTEES OF NO ILL TREATMENT AS A PRECONDITION FOR REPATRIATION, WE WOULD ADVISE AGAINST THE REPATRIATION OF INDIVIDUALS
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CONFIDENTIAL
THIS IS A COPY THE ORIGINAL HAS BEEN CLOSED UNDER
FOI EXEMPTION NO.
140(2)
EKS