4.
There are specific provisions in both the 1910 and 1960 Conventions for denunciation, a year's notice being required. There is no specific provision in the 1958 Convention but in the absence of such provision it might be difficult to establish a legal right to denounce; in any event, if such a right could be established reasonable notice would have to be given (which is widely recognised as meaning not less than twelve months' notice). Denunciation is not possible in respect of the single require- ment and would have to extend to the whole of each agreement; this would have very unfortunate consequences since each agree- ment contains detailed and valuable material on safety at sea and of ships and related matters which has no bearing on the problem of refugees. Furthermore denunciation of these agreements would probably be ineffective to remove the basic obligation to render assistance since that obligation is probably one of customary international law.
5.
The second class comprises the 1951 (UN) Convention on the Status of Refugees as amended in 1967. The first and important point of this Convention is that it does not oblige any Contracting State to admit a refugee to its territory and its main object is to accord to them the same treatment in specified areas (eg education, social security) as is given to nationals. One year's notice of denunciation is required,
as in the case of the 1910 and 1960 Conventions. The 1951 ||
Convention does not apply in Hong Kong. For the purpose of this advice I have had to assume that the people in question do fall within the definition of refugee in Article 1A(2) of the Convention.
Powers to refuse admission
6.
You were concerned to know what powers HMG and the Governor-General in Hong Kong had to refuse to admit refugees picked up on the high seas by vessels visiting their respective ports,
2.
CONFIDENTIAL
17. As
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