TNAG-1530-FCO40-2094-Hong-Kong-Vietnamese-refugees-general-1986 — Page 115

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FM HANOI

TO ROUTINE DISTRESSFCO

TELNO DISTRESS 001

OF 14060OZ APRIL 86

TO

FAV

358

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-4525/4 K

22/4

Ensi-

Misly

What is the all about

Mr Nash - Consular Dept have at last sent TUR

attached. AB 22/4

21/4

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Viet. Embarry here anfarin that

YOUR DISTRESS 001

1. MY ADVISE IS AS FOLLOWS

A. BOTH CATEGORIES I AND II IN YOUR PARA 4. IT WOULD BE SENSIBLE BUT NOT ESSENTIAL FOR THEM TO HAVE FORMALLY RENOUNCED VIETNAMESE CITIZENSHIP AND TO HAVE EVIDENCE TO THAT EFFECT FROM VIETNAMESE EMBASSY. THE INABILITY OF HMG TO PROIVDE PROTECTION IN THE COUNTRY OF SECOND CITIZENSHIP MUST OTHERWISE BE STRONLY EMPHASISED TO THEM.

B.

IF THERE IS ANY QUESTION THAT CATEGORY I MAY HAVE LEFT VIETNAM ILLEGALLY THEY SHOULD NOT RETURN UNTIL AT LEAST FIVE YEARS AFTER DEPARTURE. PENALTY FOR ILLEGAL DEPARTURE IS UP TO 2 YEARS IN PRISON BUT A STATUTE OF LIMITATIONS DOES APPLY AFTER 5 YEARS. IF ANY COULD BE EXPOSED TO MORE SERIOUS CHARGES (EG STEALING A BOAT OR OTHER EQUIPMENT THE PROPERTY OF OF A VILLAGE OR OF THE STATE) THEN THEY MIGHT BE WISE TO DELAY FURTHER AND SEEK SPECIFIC ADVICE AS TO THEIR PARTICULAR

INDIVIDUAL POSITION.

C.

APART FROM THE CAUTION IN (A) ABOVE, THERE SHOULD BE NO CAUSE FOR CONCERN ABOUT CATEGORY || VISITING ON UK PASSPORTS.

2. IT IS CLEAR THAT MANY PEOPLE RETURN TO VISIT FAMILIES, INCLUDING FROM THE USA. BUT WE HAVE NO MEANS OF KNOWING TO WHAT EXTENT SUCH VISITORS INCLUDE BOAT PEOPLE OR OTHERS WHO LEFT ILLEGALLY IN RECENT YEARS. THE POSSIBLE PROBLEM FACED BY THOSE WHO HAVE NOT RENOUNCED VIETNAMESE CITIZENSHIP WAS DRAMTICALLY ILLUSTRATED BY THE EXTREME CASE OF THE DUAL CITIZEN WHO WAS SENTENCED TO DEATH IN 1985 FOR RETURNING BEARING ARMS (TREASON) WHILE RETAINING VIETNAMESE CITIZENSHIP IN ADDITION TO BEING A FRENCH CITIZEN. THE BEST THE FRENCH WERE ABLE TO DO WAS TO GET DEATH SENTENCE COMMUTED TO LIFE IMPRISON-

MENT.

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