SECRET
R: μl Cr Mr Colvin SEAD
Mr Brume NEWS D
витя
Sinevate copy
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X12
Mr Haswell HKD
FROM: D M Edwards
DATE
Deputy Legal Adviser K159 270 3058
1 December 1989
CC:
Mr Gillmore
Mr McLaren
Mr Paul, HKD
Ms Britton, UND
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HONG KONG TELNO 3948 : VIETNAMESE BOAT PEOPLE : OPERATIONAL PLAN
1.
You asked for my comments on the attached telegram. It raises a number of important policy questions which are not for me, of course. Let me just say that the potential problems that could arise look pretty horrific.
2.
The repatriation of these people will have to be carried out in accordance with our obligations under the International Covenant on Civil and Political Rights. The provisions which might become relevant, depending on the circumstances, are Article 6 (right to life), Article 7 (torture, cruel, inhuman or degrading treatment or punishment), and Article 10 (persons deprived of their liberty to be treated with humanity and with respect for the dignity of the human person).
3.
It is difficult to give very specific advice here. Everything will depend upon how each operation goes and is handled. If the people are passive and behave, I doubt whether we could reasonably be said to be in breach of any of our obligations under the Covenant. I don't much like the 3 am waking-up business under screened-off conditions etc, especially where women and children are concerned (which some might consider "degrading" or at least, not treating people with humanity or with respect for their dignity) but I think we would probably get away with that. The real problems would begin to arise under the Covenant if the people were physically to resist or to make trouble in
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