HKB 243/24
3 1MAY 1989
Mr Paul
"Paul,"
CONFIDENTIAL
From: A R Brenton
United Nations Dept
HKD
R723/5
Mix Massen
Mr Four ghe 2415
2915 Mr Hasyren
Yes but...
23/
Date: 22 May 1989
CC: PS
PS/Lord Glenarthur
PS/Mr Patten PS/Mr Eggar
PS/PUS
Mr Gillmore
Mr McLaren Mr Slater
SEAD
Legal Advisers
2
VIETNAMESE BOAT PEOPLE: FIRST ASYLUM
243/14
29
1. The Governor of Hong Kong in his telegram number 1634 states that first asylum for Vietnamese Boat People might have to be abandoned unless we get satisfactory results in the Geneva conference.
2.
I very much hope that we can take a firm line on this. Mr Gillmore (minute of 18 May (not to all)) has already drawn attention to the domestic political outcry which would result from, and the probable unworkability of, any abandonment of first asylum. I would add the following points from the UND side:
(a) The UN High Commissioner for Refugees would have to disassociate himself completely from our action. We would thus undo the international respectability which his involvement has given to our response to the VBP problem so far.
(b) While our action would not directly breach the 1951 refugee convention nor the related 1987 protocol (since neither of these have been extended de jure to Hong Kong) it would mark the abandonment of our de facto application of these instruments to VBP in Hong Kong. It would mean that we were refusing asylum to genuine refugees (who currently seem to constitute about ten per cent of the boat people) and would raise the serious question of why, if a prosperous and civilised territory like Hong Kong cannot observe these instruments, anyone else should.
(c) There is also the possibility that we would be in breach of the international covenant on civil and political rights (extended to Hong Kong in 1976). Article 7 of this prohibits "cruel, inhuman and
/degrading
CONFIDENTIAL