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refugees rescued by British ships - which would be helpful to Hong Kong. I feel we must consider some move to help Hong Kong here and I recommend that you write to the Home Secretary proposing this. I attach a draft letter for you to consider.
Involuntary Repatriation
9.
The idea of involuntary repatriation of refugees to Vietnam from Hong Kong bristles with both legal and political difficulties. But Hong Kong are understandably anxious to explore all means of stemming the flow, which though below the level of 1979 shows no sign of ending. They are keen to enter bilateral talks with the Vietnamese authorities to establish whether some form of repatria- tion to Vietnam would be possible. I am myself frankly sceptical whether this would result in the Vietnamese authorities giving reli- able guarantees that they would not take reprisals against any returning refugees. But this is clearly a difficult area. So long as UNHCR continues to register all Vietnamese boat people as refugees, whatever their supposed motives for flight from their country, we could not countenance their forcible return. If the refugees were ill-treated on their return to Vietnam, we might, depending on the circumstances, be in breach of a whole series of articles under the Covenant. However, there is no reason why we should not encourage the return of refugees voluntarily, although we should still need some assurance from the Vietnamese authorities of their safe rehabilitation, the co-operation of UNHCR officials in Hong Kong and some arrangements for monitoring their return, most probably through UNHCR officials in Hanoi.
10. I recommend therefore that we should instruct HMA Hanoi to sound out the Vietnamese on these points. (The Vietnamese Foreign Minister has recently indicated his willingness to discuss the refugee situation.) If we do not go this far we can hardly demon- strate convincingly to Hong Kong that we are ready to explore every avenue.
GL
Belstead.
27 January 1983
(BELSTEAD)
CONFIDENTIAL