TNAG-0887-FCO40-1097-Refugees-from-Vietnam-in-Hong-Kong-Vietnamese-boat-people-1979 — Page 66

CONFIDENTIAL

Covering SECRET

2 -

Reference........

An

its own nationals. The legality in international law of such an expulsion seems to me doubtful, although it is something which could, if necessary, be looked into further. analogy with the "expulsion" of Jews from Germany in the 1930s comes to mind (although much of the legal precedents in that context arose in the context of the recognition (or otherwise) of German laws depriving such people of their nationality). In so far as those leaving Vietnam are not Vietnamese nationals, and are therefore aliens, and again on the assumption that something like expulsion by the Government of Vietnam could be established, there is some- thing of a parallel with the expulsion of Asians from Uganda in 1972. I attach copy no 22 of a reference to the Law Officers dealing with the legality in international law of the expulsion of the Uganda Asians.

7. As SEAD now seem to have taken over this subject, I am copying this minute to Miss Wilmshurst as the Department's Legal Adviser.

Astalls

A D WATTS

LEGAL COUNSELLOR

29 May 1979

cc:

Sir Ian Sinclair

Mr Cortazzi

K166

233 3165

Legal Adviser

K172

DUSS

W88

Mr Murray

AUSS

W90

Mr McLaren

HKGD

K246

Mr Ramsay

MAED

G67A/1

Mr Rushford

Legal Advisers

K188

Miss Wilmshurst

Legal Advisers

K200

Mr Simpson-Orlebar

UND

K156

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GALVOS SIN TARKE