وا
RESTRICTED
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.
the context of returning those screened out to Vietnam involuntarily and without suitable safeguards from Vietnam on their treatment
return, on
there could
i aga
be difficulties torture (although the primary regarding
breach in this event would be by Vietnam, which 1 S also a party to the Covenant).
In
•
state no
return
a
n
6 The Torture Convention in its article 3 (copy also attached) contains а more specific obligation in this respect
ΟΥ shall expel party
to another person state where there are substantial grounds for believing that he/she would be in danger of being subjected to torture. The
would have obligations under these conventions
to be borne mind in any change of UK policy.
seems
to have
in
a
in
7. I have discussed the origin of the idea of first asylum
HKD. with Mr Haswell,
The idea
ari
isen UNHCR Executive Committee meeting in the late 1970's. It was subsequently enshrined in the agreements reached
at the 1979 Conference on Indo-Chinese Refugees. These agreements not, as far as we understand, formally signed.
were
16 May 1989
cc:
Mr D Edwards
Mr J Rankin
Mr Haswell, HKD Ms Corner, SEAD
R Gwynn
United Nations Department
K 155
RESTRICTED
270 2497
Page 15Page 16
------