International Law to take back those of their nationals who are

not allowed to remain on the territory of other states."

5. The Prime Minister is being briefed accordingly for Question

Time today

Page

AR Panc

A R Paul

Mr Store negli

мена руски

celi

HKB 24-3/72

RECEIVED IN REGISTRY

19 JAN1990

DESK OFFICER

COUSTRY EROM:

INDEX

A

W/2010 Mr Paul Hud

Thank

you for conforng this paint

DATE:

22/12

21 DEC 1989

A R Paul

Hong Kong Department

19 December 1989

7

CC:

Private Secretary

ivate

Sir Arthur Watts, Legal

Adviser

Mr Gillmore

Mr McLaren

Mr Guy, SEAD

Mr Brenton, UND

Mr Burns, News Department

Mr Gregson, PRU

PS/Mr Maude

VIETNAMESE BOAT PEOPLE: INTERNATIONAL LAW

1.

Please refer to your minute of 18 December. I attach my minute

of 30 November which contains the original advice on this point

following consultation with our Legal Advisers. From this you will

see that the advice we gave was to use the formula "customary

international law". Sir Arthur Watts minuted on 19 December because

he was concerned that this formulation might in practice prove

something of a mouthful to deliver in the House, and could give rise

to misunderstanding. He therefore proposed the simpler, but also

correct formula "under international law".

2.

I have spoken to Mr Edwards, who has confirmed that the formula

in the Department's original advice is correct, but is also

consistent with the formulation in para 3 of Sir Arthur Watts'

minute of 13 December.

BODAAH

ARPanc

A R Paul

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