TNAG-1274-FCO40-1624-Vietnamese-refugees-in-Hong-Kong-1983 — Page 233

CONFIDENTIAL

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ILLEGAL IMMIGRANTS. HOWEVER IF, AS WE BELIEVE, THEY WOULD BE

SUBJECT TO PERSECUTION ON RETURN TO VIETNAM, THEY ARE DE FACTO

REFUGEES AND MUST BE TREATED AS SUCH BY RESETTLEMENT COUNTRIES.

(FOR YOUR OWN INFORMATION, WE BELIEVE THAT EVEN IF GUARANTEES

THAT RETURNEES WOULD NOT BE PUNISHED WERE FORTHCOMING FROM THE

CENTRAL GOVERNMENT, THEY WOULD PROBABLY BE WORTH LITTLE AT LOCAL

LEVEL).

5.

WE KNOW THAT SOME OF THE ABOVE POINTS WERE COVERED IN

JEAFFRESON'S CALL WITH YOU ON THE HIGH COMMISSIONER. WE NEVER THE-

LESS FEEL THAT IT WOULD BE WORTHWHILE MAKING A FORMAL APPROACH

OURSELVES TO THE UNHCR. WE SHOULD THEREFORE BE GRATEFUL IF YOU

WOULD APPROACH UNHCR ALONG THE FOLLOWING LINES

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(A) THANK THEM FOR THEIR HELPFUL RESPONSE, OUTLINED IN YOUR TUR

(B) TELL THEM THAT WE DO NOT CONSIDER A MULTILATERAL APPROACH AS

PREVIOUSLY PROPOSED TO BE FEASIBLE IN VIEW OF RESPONSES FROM

OTHER GOVERNMENTS

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(C) POINT OUT THE DIFFICULT SITUATION HONG KONG IS NOW IN

(PARA 3 ABOVE)

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(D) TAKING UP ZOLLNER'S REMARKS, POINT OUT THAT THE SIGNS ARE THAT

THE OUTFLOW IS CONTINUING TO EASE, AND THAT WE ARE ANXIOUS ro

HELP HONG KONG BY DEALING WITH THE RESIDUE

(E) POINT OUT THAT THE ONLY CIRCUMSTANCES IN WHICH BOAT PEOPLE

COULD BE RETURNED TO VIETNAM WOULD BE IF THE VIETNAMESE

GOVERNMENT GAVE WATERTIGHT ASSURANCES THAT THE REFUGEES WOULD BE

WELL-TREATED. DO THE UNHCR THINK THAT THERE WOULD BE ANY

MERIT IN TRYING TO OBTAIN THESE?

(F) (IF UNHCR FEEL THAT IT IS WORTH TRYING TO OBTAIN GUARANTEES).

ASK UNHCR TO MAKE AN APPROACH TO THE VIETNAMESE TO DETERMINE

WHAT THEIR REACTION TO RETURNEES WOULD BE

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ASK

(G) (IF UNHCR FEEL THAT IT IS NOT WORTH MAKING AN APPROACH).

WHETHER IN THESE CIRCUMSTANCES UNHCR WOULD BE PREPARED TO MAKE A

FORMAL STATEMENT THAT THEY CONSIDER ALL BOAT PEOPLE LEAVING

VIETNAM TO BE REFUGEES ON THE GROUNDS THAT THEY WOULD BE SUBJECT

TO PERSECUTION ON RETURN, AND THAT THEY DO NOT RECOGNISE THE

VALIDITY OF DISTINCTIONS DRAWN BETWEEN REFUGEES AND SO-CALLED

ECONOMIC MIGRANTS. WOULD THEY ALSO BE PREPARED TO REQUEST

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CONFIDENTIAL