TNAG-0890-FCO40-1100-Refugees-from-Vietnam-in-Hong-Kong-Vietnamese-boat-people-1979 — Page 125

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

CONFIDENTIAL

2

"It ECOSOC_7 may call, in accordance with the

rules prescribed by the UN, international

conferences on matters falling within its competence.

This would eliminate the Secretary-General if he has meanwhile

proved a broken reed and leave the initiative with us and our

co-sponsors. If such a resolution failed to get off the ground, we would have tried. If it succeeded, we would not be left

holding the baby since the conference would be convened by ECOSOC itself.

a

3. I have also read the correspondence about the possibility of reference to the Security Council and I see that UKMIS New

York are not in favour for obvious reasons. However, the Security Council is still the vehicle of last resort under Chapter (VI) of the Charter. Article 34 states that "the Security Council may investigate any dispute, or any situation which might lead to international friction

in order to determine whether the

situation is likely

to endanger the maintenace of international peace and security." I would have thought that this would give us a justifiable

premise on which to attempt to inscribe an item, although it

might well be hotly contested. But I think we should exhaust

the Secretary-General and ECOSOC before considering this expedient. I should add that, if anyone is to bring the situation to the Security Council, I feel sure that it will have to be us.

I am convinced that there is no chance whatsoever of Waldheim

doing so under Article 99. Not only is Article 99 too plainly directed towards international peace and security, but Waldheim

would never act under this Article unless he was quite sure

/in

CONFIDENTIAL

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