TNAG-1021-FCO40-1271-Relations-between-Hong-Kong-and-international-organisations-1981 — Page 51

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HONG KONG ACCESSION TO THE REFUGEE CONVENTION AND PROTOCOL

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1. In his letter of 20 January Mr Wilson raised this question which deserves further consideration. As I understand the position, and I have of course not checked this with UNHCR, the United Kingdom instrument of ratification deposited in March 1954 extended only to the Channel Islands. Normally the UK ratifies UN Conventions on behalf of as many colonies as it can with the minimum number of derogations. However, there was no reason to do this at the time because the application of the 1951 Refugee Convention was territorially restricted to Europe. The 1967 Protocol gave the Convention world wide application and it would be interesting to know whether any consideration was given when we ratified the Protocol to extending our ratification of both instruments to the colonies. Only independent sovereign states can ratify UN instruments and the UK would therefore have to accede on behalf of the Colonies as a whole or Hong Kong alone.

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2. There is, in fact, quite a good case to be made out for extending the Convention/Protocol to Hong Kong and it would be interesting to know how far consideration has gone in Hong Kong and what advantages and disadvantages have been adduced. I can think of no disadvantages for Hong Kong, but there would be some definite political advantage for the UK in so doing.

For a start, no countries in South East Asia have acceeded to the Convention and for Hong Kong to do so would set an excellent example. Besides at the Executive Committee the UK generally calls for more countries to accede. For example, in his general statement in October 1979 Mr Raison, Minister of State, Home Office, said "We must also hope that more countries will accede to the Refugee Conventions." As Hong Kong has more refugees than most countries in South East Asia and given that it is only in the last few years that refugees have become a significant problem for Hong Kong it would be right and proper for Hong Kong to consider this. In a year when the UK will almost certainly be the chairman of the Executive Committee accession on behalf of Hong Kong by the UK would be a symbolic gesture. IN any case, Hong Kong would probably claim to be fulfilling all the require- ments in practice of the Convention and accession should therefore only be an administrative as opposed to a political problem for them. Accession would greatly enhance Hong Kong's laready high humanitarian record in the region.

3. Mr Raison also said in his statement, "I would like to draw attention to the special problem faced by Hong Kong, which has an excellent record in accepting all the boat people who have arrived, despite its terrible overcrowding. Hong Kong has never turned a refugee away."

BIwowill.

28 January 1981

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DR Snoxell