TNAG-1183-FCO40-1485-Resettlement-of-Vietnamese-refugees-from-Hong-Kong-into-the--1982 — Page 10

Members are reminded of the problem raised. in memorandum XCC(82)54 relating to the UN Convention of 1951, on the status of refugees. Annex E repeats the relevant paragraphs and sets out the arguments that may be advanced on whether or not the Convention is breached, It also, for the convenience of Members, sets out the relevant provisions of the 1951 Convention.

Repatriation

26

Repatriation is fraught with difficulties because of the singularly unco-operative attitudes of the Vietnam Government. The Foreign and Commonwealth Office are being consulted again on the possibility of bringing pressure to bear on the Vietnamese to change their stance, but it must be recognised that the chances of success are very poor, at least in the short to medium term. The proposed section 13E in the draft Bill at Annex B provides the necessary powers to repatriate Vietnamese refugees, if and when circumstances permit. The provision of such powers would not have any practical effect at present, but it would be of good public relations value as a further step to demonstrate our resolve. This might be an added deterrent to any Vietnamese thinking of coming to Hong Kong

Implementation

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If Members advise that the proposals set out in this memorandum should be adopted, the following sequence would be followed

(a) the Bill at Annex B to be introduced into

the Legislative Council and enacted in one sitting. The meeting of the Legislative Council on 30 June would be a feasible date;

(b)

thereafter all new arrivals to be processed and detained in closed camps as well as those not yet processed, if that is the advice given;

GF 323

CONFIDENTIAL #2

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