Диний
Mr Stone ~ 4/12
Mr Haswell the
1/12
412
Private Secretary
FROM:
Santon State
AR Paul
Hong Kong Department
DATE:
30 November 1989
334.
ut
CC:
PS/Mr Maude
Mr Gillmore
Mr McLaren
ats
142
Mr Colvin SEAD
Mr Brenton, UND
Mr Burns, News Dept
Mr Gregson, PRU
Mr Edwards, Legal Advisers
VIETNAMESE BOAT PEOPLE: INTERNATIONAL LAW
1 You told me this morning that the Prime Minister has asked to know the position in International Law regarding the obligations of states to take back their own citizens
2.
I am advised that the position is:
(a) As far as non volunteers are concerned, it is a matter of customary international law that states must take back those of
There its own citizens who are deported as illegal immigrants. is no international legal instrument that obliges states to do
this.
(b) As far as volunteers are concerned the International Covenant on Civil and Political Rights (Article 12(4)) states that "no one shall be arbitarily deprived of the right to enter his own country". Vietnam is a party to the Convention, having
acceded in 1982.
4. I recommend that we take the following line in public if asked about this point:
"There is a duty on states as a matter of customary
IMPAAQ