TNAG-0887-FCO40-1097-Refugees-from-Vietnam-in-Hong-Kong-Vietnamese-boat-people-1979 — Page 57

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CONFIDENTIAL

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Foreign and Commonwealth Office

London SWIA 2AH

30 May 1979

Vietnamese Refugees

Thank you for your letter of 29 May.

HKK 243/1

RECEIVED AT RIOSEY NO. 51

1 JUN 979

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The Attorney General's views on the legal aspects raised in paragraph (ii) of your letter will be sent direct to the Prime Minister. The FCO assessment of the international legal position was given in my letter to you of 29 May. In particular, denuncia- tion of the relevant Conventions requires one year's notice. the case of the Refugee Convention, nothing in it requires us to accept refugees so denunciation would not of itself affect our position. Hong Kong would however be affected to the extent that, at least in law, they could make a case for seeking to return refugees whence they came.

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If we were to denounce our adherence to the international conventions referred to in my letter, we should have to accept the following political 'consequences:

(a)

Convention on Refugees

The Convention does not oblige contracting states to allow people to settle in countries whose ships pick them up.

But:

(i) If we decline to accept people rescued by United Kingdom registered vessels, it would be virtually impossible for us to maintain effective pressure on other countries to accept for settlement people picked up by their own vessels. Several Western countries now do so, including United States. Germany, France and Hong Kong; and it would also weaken our ability to persuade other countries to open their doors to the refugees;

(ii) The United Nations High Commissioner for Refugees would undoubtedly condemn the Government's action as tending to make his own efforts much more difficult.

(iii) Our liberal historical record in relation to political asylum would be jeopardised, and our human rights position, in particular vis-a-vis the Soviet Union would be compromised.

(iv) If we were no longer willing to accept refugees picked up by United Kingdom registered vessels, this would acout serious public concern in Hong Kong which is now bearing

BG Cartleige Esq

CONFIDENTIAL

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