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VIETNAMESE MIGRANTS: CRIMINAL OFFENDERS

1. In January 1992 Hong Kong with Vietnam's agreement

started deporting, in line with normal international

practice, Vietnamese criminal offenders in Hong Kong who had finished their sentences. Deportations were effected in

ones or twos by ordinary direct commercial flights between Hong Kong and Hanoi.

2. After eight such deportations, the Vietnamese told HMA Hanoi that they found the procedure expensive and

administratively inconvenient and asked that in future

criminal offenders be returned on UNHCR flights. UNHCR will

not however accept returnees who have been selected for deportation who are held outside the camps and in a separate prison facility in Hong Kong, whether they volunteer or

not.

3. We are currently discussing with Hong Kong the possiblity of including deportees on mandatory flights under the Orderly Departure Programme. The strongest argument against is that they are more likely than other returnees to create a disturbance while boarding the aircraft with

possible consequences for the ORP flights in general.

4. We are confident of finding a solution satisfactory to Hong Kong and Vietnam. It is a question of practice and not one of principle.

MR2ARX

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