TNAG-0586-FCO40-719-Aid-from-UK-for-Vietnamese-refugees-in-Hong-Kong-1976 — Page 61

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4. The Burmese Ambassador called on Mr Cortazzi yesterday afternoon, 19 July, to convey his Government's reply to our approach. He said that the Master of the "Ava" had "in accordance with international practice" picked up the shipwrecked Vietnamese (he refrained from describing them as "refugees") and sought to disembark them at Hong Kong. The Burmese Government could not undertake to cooperate in flying the refugees to Rangoon for temporary asylum and, in view of the fact that the "Ava" was not designed for passengers, they hoped that Hong Kong would reconsider its decision not to admit the passengers. Mr Cortazzi said that, while we could accept that it was international practice for a ship to pick up distressed persons at sea, we were not sure that it was incumbent on the ship's next port of call to grant permission to such persons to land. We should have to consider the matter further but, given Hong Kong's serious immigration problems, it would be very difficult for them to accept the passengers aboard the "Ava".

5. We do not hold out any prospect of the Burmese being prepared to change their minds and have begun to consider other possible solutions to the problem of disposing of the refugees. Thirty-nine of them have applied for visas to enter the United States and there may be a possibility of the remainder staying on board the "Ava" untilishe reaches Yokohama, her next port of call, when the Japanese might be prevailed upon to grant temporary asylum. Meanwhile, the Hong Kong authorities say that they are doing everthing possible to ensure reasonable conditions for the refugees aboard the "Ava". The ship was also granted permission

to dock on 17 July to unload her cargo but, at the last minute, hor agents received instructions that the ship was not to enter port and should wait further orders. It seems that these instructions may have emanated from the Burmese Government itself.

6. In the light of the above, I should be grateful for your urgent advice on the following points:-

(a) Whether, in your view, the line taken by the

UNHCR's office is well-founded. In short, did the responsibilities of the Master of the "Ava" and,

end by extension, those of the Burmese Government, when he picked up the shipwrecked persons?

(b)

Whether the Hong Kong Government is within its rights in having declined to accept the passengers

on the "Ava" for temporary asylum?

I understand that the UN Convention on the Status of Refugees may be relevant, though not particularly helpful, in considering these points. If this is so, I suppose that the relevance of the Convention in this case would also depend in part on whether Burma and Hong Kong, through HMG, are parties to it.

D.F. Milton

DF Milton

Hong Kong Department K247 233 4381

20 July 1976 copies:

Mr Goldsmith Mr Morgan

SEAD

UND

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