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to be extended to Hong Kong shortly.
On ratification of the former, the UK reserved the right to continue to apply such immigration legislation governing entry to dependent territories as it deemed necessary. Under Article 7 however (copy attached) there is a general obligation concerning subjection to torture or to cruel, inhuman or degrading treatment as punishment. Returning refugees to the high seas could be deemed to constitute inhuman or degrading treatment. In the context of returning those screened out to Vietnam involuntarily and without suitable safeguards from Vietnam on their treatment on return, there could again be difficulties regarding torture (although the primary breach in this event would be by Vietnam, which is also a party to the Covenant).
-
return or
6.
The Torture Convention in its article 3 (copy also attached) contains а more specific obligation in this respect
shall expel state party no
a person to another state where there are substantial grounds for believing that he/she would be in danger of being subjected to torture. obligations under these conventions would have to be borne in mind in any change of UK policy.
The
It was
7. I have discussed the origin of the idea of first asylum with Mr Haswell, HKD. The idea seems to have arisen in a UNHCR Executive Committee meeting in the late 1970's. subsequently enshrined in the agreements reached at the 1979 Conference on Indo-Chinese Refugees. These agreements were not, as far as we understand, formally signed.
16 May 1989
Cc:
Mr D Edwards
Mr J Rankin
Mr Haswell, HKD
Ms Corner, SEAD
R Gwynn
United Nations Department
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