CODE 18-77

Reference.......

Mr P Fifoot Legal Advisers

K 164

Sepants mounts

ний

HLD 243/11

MAY N

100

"FICER

18

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VIETNAMESE REFUGEES IN HONG KONG: THE PRINCIPLE OF FIRST ASYLUM

1.

Mr Berman's minute of 11 February considered a UNHCR paper concerning the principle of first asylum and obligations on Hong Kong. Mr Berman stressed that his minute should be regarded as an initial contribution. In paragraph 6 of his minute he suggested that there may be legal significance in the Governor's statement at the 1979 UN conference on Refugees and Displaced Persons in SE Asia. He also suggested that decisions by UNHCR Executive Committee referred to in paragraph 8 of UNHCR paper might place some obligations on HMG.

2.

Hong Kong have now sent us their comments on Mr Berman's minute, and have asked us for substantive views (Hong Kong telno 1031).

3.

In Mr Berman's absence we would be grateful for your further views on the question of first asylum. We have obtained a copy of the Governor of Hong Kong's statement at the 1979 UN conference. We are looking through our records for more details of the UNHCR Executive Committee decisions.

4.

I have attached copies of the main papers referred to above. Please let me know if you need further background.

Judith Slate

JM Slater (Miss) Hong Kong Department WH 312 270 2652

16 March 1988

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