TNAG-0894-FCO40-1104-Refugees-from-Vietnam-in-Hong-Kong-Vietnamese-boat-people-1979 — Page 222

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scheduled first port of call in the South China sea area but few so proceed on a trans-Pacific or Indian Ocean voyage. In the latter event masters have more often chosen to call at a convenient un- scheduled port en route to disembark refugees, or to take on extra supplies and lifesaving equipment.

5 Action also has to be taken in the interim period between rescue and reaching the next port of call. Clearly the ability of ships to look after survivors depends on the numbers picked up. These have ranged considerably but in general the average approximates to 70 excepting for UK-flag ships where the average is in the region of 300. Custom and practice is for shipowners to inform their Governments and the UN High Commissioner for Refugees of the broad detail of each incident in advance of reaching the next port of call. The UNHCR has not accepted responsibility for processing the refugees until the ship reaches port and it is clear that refugees will be given asylum or allowed transit.

First port of call

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It has long been' accepted internationally that persons rescued at sea are accepted, at least for temporary landing, by the country of the next port of call which is identifiable from the ship's manifest and port clearance papers. There is no rule of international law providing for a ship which has picked up people in distress to disembark them at its first port of call. The so-called "First Port of Call Rule" has its origin in the Decision taken by the Executive Committee of the UNHCR in October 1978. This called on all coastal states to allow, after rescue by a ship, at least temporary asylum to refugees coming to their shores as a first port of call or otherwise in grave jeopardy.

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Custom and practice in the region (at least until recent events) has been for coastal states to accept refugees temporarily when the ship reaches its first scheduled port either on an open-ended basis or against a guarantee of responsibility by the flag state for resettle- ment in the last resort.

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