TNAG-1187-FCO40-1489-Hong-Kong-s-closed-camp-policy-for-Vietnamese-refugees-1982 — Page 40

Mr Burrows

Lega Advisers

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CONFIDENTIAL

Reference

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HONG KONG : CLOSED CAMPS

1.

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Further to our discussion with Mr Griffiths on 13 October we are still awaiting a reply to Mr Clift's letter of 6 October that set out our views on the human rights implications of the Immigration (Amendment) 1982 Ordinance and the Immigration (Vietnamese Refugee Centres (Closed Centre) Rules. However, Lord Belstead is extremely concerned at the prospect that we may be placed in a position where we have to make the choice spelt out in your minute of 24 September, ie, between disallowing the Ordinance and allowing it in the knowledge that it is in clear breach of our legal obligations under the International Covenant on Civil and Political Rights. He has, therefore, asked us to consider whether there are any alternative approaches that we can suggest to Hong Kong apart from that in paragraph 5 of your minute.

2.

We in the Department have been giving some thought to this, and have come up with the following ideas, on which I would be grateful for your views:

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we understand that at present the refugees are, on arrival in Hong Kong waters, told that if they wish to enter Hong Kong they will be confined in closed camps, but that alternatively they will be resupplied with food and water and permitted to sail on to another destination. Would it help at all in human rights terms if the refugees were required to sign a declaration that these options had been explained to them, and that they have accepted the terms under which they were being permitted to stay in Hong Kong?

We expect Hong Kong to agree to some softening of the regime under which the closed camps are administered, but it is unlikely that this will materially affect the principles raised by you and Mr Edwards in your minute of 29 and 30 September, so long as the camps remain closed, and there are restrictions on freedom of movement in and out of them. Given that the Hong Kong Government are unlikely to agree to revert to completely open camps, can you envisage any arrangements where the distinction is more blurred that would be acceptable eg, if the camps were technically open, but located in remote areas to which there were limited transport links?

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CONFIDENTIAL

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