TNAG-1423-FCO40-1906-Vietnamese-refugees-in-Hong-Kong-general-1985 — Page 69

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INACTION WILL LEAD SOONER OR LATER TO A VERY MUCH WORSE SITUATION

THAN THAT OBTAINING NOW.

VI BEGIN UNDERLINING OPTIONS END UNDERLINING

13. FOLLOWING IS AN EXAMINATION OF OPTIONS BY WHICH WE MIGHT TRY

TO (A) REDUCE THE RATE OF ARRIVAL, (B) INCREASE THE RATE OF

DEPARTURE. SOME OF THESE OPTIONS ARE MORE THEORETICAL THAN REAL

AND ARE INCLUDED FOR THE SAKE OF COMPLETENESS. SOME HAVE BEEN

REJECTED BY MINISTERS IN THE PAST.

A.

14.

OPTIONS DESIGNED TO REDUCE THE RATE OF ARRIVAL

(A) TOW NEWLY ARRIVING BOATS OUT TO SEA

MACAU, SINGAPORE, THAILAND, MALAYSIA AND BRUNEI HAVE ALL DONE THIS (THOUGH THERE HAVE BEEN FEW REPORTS OF SUCH ACTION

RECENTLY). THE HONG KONG GOVERNMENT HAVE CONTINGENCY PLANS FOR

TOWING VESSELS WITH ILLEGAL IMMIGRANTS, INCLUDING REFUGEES,

OUTSIDE THE LIMITS OF HONG KONG'S WATERS IN AN EMERGENCY, BUT

HAVE NEVER ADOPTED SUCH A POLICY IN RESPECT OF VIETNAMESE

REFUGEES. THE ONLY ARGUMENT FOR SUCH A COURSE IS THAT IT WOULD

UNDOUBTEDLY ACT AS AN EFFECTIVE DETERRENT TO REFUGEES MAKING FOR

HONG KONG. THE ARGUMENTS AGAINST ARE THAT IT WOULD INVOLVE

INFLICTING UNACCEPTABLE RISKS ON THE OCCUPANTS OF THE BOATS AND

WOULD BE INDEFENSIBLE IN TERMS OF COMMON HUMANITY, AND OUR

OBLIGATIONS UNDER THE INTERNATIONAL COVENENT ON CIVIL AND

POLITICAL RIGHTS. MINISTERS DECIDED AGAINST ADOPTING SUCH A

COURSE IN MARCH 1984.

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(B) INVOLUNTARY REPATRIATION TO VIETNAM

THE HONG KONG GOVERNMENT HAS PROPOSED THIS ON SEVERAL OCCASIONS

SINCE 1982. THE PROPOSALS ARE BASED ON THE PREMISE THAT THE

MAJORITY OF ARRIVALS ARE NOW NOT TRUE REFUGEES, AND THEY SHOULD

THEREFORE BE TREATED IN THE SAME WAY AS PERSONS FROM OTHER

COUNTRIES SEEKING TO ENTER HONG KONG: NEW ARRIVALS WOULD BE

SCREENED, AND THOSE WHO LACKED EITHER PROPER DOCUMENTATION OF CONVINCING GROUNDS ON WHICH TO CLAIM ASYLUM WOULD BE TREATED AS

ILLEGAL IMMIGRANTS AND RETURNED TO VIETNAM. ONLY THOSE ABLE TO

PROVIDE CONVINCING GROUNDS ON WHICH TO CLAIM ASYLUM AS REFUGEES

WOULD BE GRANTED IT. THIS WOULD BE IN KEEPING WITH HONG KONG'S

TREATMENT OF ILLEGAL IMMIGRANTS FROM CHINA, WHO HAVE BEEN

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CONFIDENTIAL