TNAG-0892-FCO40-1102-Refugees-from-Vietnam-in-Hong-Kong-Vietnamese-boat-people-1979 — Page 236

2.

CONFIDENTIAL

3.

VIETNAMESE REFUGEES:

LEGAL OBLIGATIONS

(a) Safety of Life at Sea

1.

There is an obligation in international law for States

parties to the relevant Conventions* to require Masters of their

registered ships to render assistance to people in distress at sea

provided that he would not seriously endanger his own ship by doing

So. This obligation is made part of the UK law by the Maritime

Conventions Act 1911 and the Merchant Shipping (Safety Conventions)

Act 1949.

*The Brussels Convention on Assistance and Salvage at Sea, 1911

The Geneva High Seas Convention, 1958

The London Convention on the Safety of Life at Sea, 1960

(b) First port of call

2.

There is no rule of international law providing for a

vessel which has picked up people in distress to disembark them at its

first port of call. The so-called "First Port of Call Rule" is no

more than a practice which was given compliance in October 1978 by

a consensus of the UNHCR's Executive Committee. This called for

all States to allow temporary asylum to refugees coming to their

shores after rescue by a ship. It was however an exhortation and

did not have the force of law.

(c) Admission of refugees

3.

There is no rule of international law which places an

obligation on a State to admit for resettlement people rescued

by its vessels, though in the light of the UNHCR Executive Committee's

consensus of October 1978 (paragraph 2 above) several States

expressed their willingness to accept ultimate responsibility for

such people

CONFIDENTIAL