TNAG-1066-FCO40-1316-Human-rights-in-Hong-Kong-1981 — Page 118

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

E/CN.4/1503 Page 42

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90. With this erosion of the principle of the law of asylum, genuine refugees may find circumstances militating against

them.

It would seem that it is time to update refugee, nationality and labour law, and to give fresh consideration to asylum practice. One reason for this is that most of these laws were designed by western countries for their own needs in

the post-war era.

As we have seen, the Organization of African Unity took a major step forward in Addis Ababa in 1969 by drawing up its own Refugee Convention which is broader in

Such recon- its application than the original instruments. sideration of the current body of law relating to refugee status, rights and particularly asylum questions would be in line with the principles of the New International Humanitarian Order, to which General Assembly Resolution 36/136 refers.

91. A parallel difficulty which needs to be resolved has been in determining the precise numbers of those qualifying for assistance. No mechanism exists so far to carry out impar-

tially refugee population census.

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-

92. It is ironic that so many people who may not be "genuine"

refugees at

least in terms of existing definitions are

Indeed, able to obtain asylum and assistance even to migrate. it is frequently said that much of the third world's population would probably seek to emigrate if they were given inter-

national assistance and resettlement opportunities. The

relative ease with which people can leave is undoubtedly an important factor to be taken into account in considering mass

exodus. When the neighbouring country's border is relatively

or where there is an established "escape route", the

exodus may be the greater.

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