CODE 18-77
Mr Fifoot Legal Advisers Dr Reilly, SEAD← Mr Minett, UND
CONFIDENTIAL
Ar Footman HAD.
I have no
Reference.........
string views.
W
PA
Subject to
Han's views, I would be content to prove the direct diplomatic apprach (as with Hit fishermen in Vilbian). But,
to avoid future Emplications, wald there not be auther
definizin which will be used, rather than "illegal immigrants"?
VIETNAMESE BOAT PEOPLE IN HONG KONG
1. The attached telegram from Hong Kong concerns a group of 4 people who arrived in Hong Kong from Vietnam by boat. On arrival they said they had been forced to come to Hong Kong by others who took over their boat and they asked to be returned to Vietnam: arrangements to do this were agreed remarkably quickly through UNHCR with the Vietnamese authorities. Two have now returned to Vietnam, but the remaining two have changed their minds.
Du15
2. Para 3 of the attached telegram suggests that Hong Kong should have followed a different course of action, ie defining the arrivals as illegal immigrants, cutting out UNHCR, and approaching Hanoi through diplomatic channels. The implication is that they would then be returned to Vietnam subject only to agreement with the Vietnamese authorities and regardless of their own wishes.
3.
I should be grateful for your views on this question, in particular
(a)
(b)
what effect does the individual's change of heart have on his status;
given our policy objective to return those who do not meet refugee criteria subject to suitable safeguards, would it be appropriate to contemplate the enforced return of someone who no longer wishes to return, whatever his original reason for coming to Hong Kong;
(c) under Hong Kong Government's proposed new policy, there is no
intention of forcing the return of those screened out as illegal immigrants in advance of an agreement with Vietnam including suitable safeguards. Should not all "illegal immigrants" be treated alike?
feces 243/8
987
R. Footman
20 May 1988
R C L Footman
Hong Kong Department 270-2651
CONFIDENTIAL