TNAG-1530-FCO40-2094-Hong-Kong-Vietnamese-refugees-general-1986 — Page 118

CONFIDENTIAL

FM HANOI

TO TELELETTER FCO

TELELETTER

OF 07010OZ OCTOBER 86

V 913/3

REGISTRY 4 OCT 1986

MACISTRY

on taken

mek 3/11

Rey

The ark SEAD A guild of there fapiét

C. 1960

Maulizer

FROM R G TALLBOYS ESQ., HANOI

TO C C W ADAMS ESQ., SEAD., FCO

COPIED POLAD HONG KONG

VIETNAMESE RETURNING TO VIETNAM

1.

NOTICE THAT DURING MY ABSENCE ON LEAVE THERE HAVE BEEN SOME.

EXCHANGES ABOUT THE QUESTION OF VIETNAMESE IN THE UK AND

ELSEWHERE WISHING TO RETURN TO VIETNAM EITHER AS VISITORS OR TO

RESUME PERMANENT RESIDENCE. THE QUESTION OF VISITS BY VIETNAMESE

IN THE UK WAS RAISED BY CONSULAR DEPARTMENT IN THEIR DISTRESS

001 OF 8 APRIL.

2. MY HANOI TELEGRAM DISTRESS 001 OF 14 APRIL EXPLAINS THE SITUATION AS IT AFFECTS TWO CATEGORIES, THOSE WHO LEFT LEGALLY EITHER BEFORE (OR AFTER) 1975 AND THOSE WHO HAVE LEFT ILLEGALLY (BOAT PEOPLE, ETC).

3. IF NOT ALREADY SEEN IN SEAD THE TWO TELEGRAMS MAY PROVIDE A

USEFUL GUIDE IN DISCUSSING THE SUBJECT AND THEY COULD ALSO

USEFULLY BE COPIED TO POLAD HONG KONG.

4.

TWO YEARS IS THE MAXIMUM SENTENCE PROVIDED BY THE CRIMINAL CODE FOR THE ACT OF LEAVING ILLEGALLY. THE MINISTER OF JUSTICE INDICATED THAT LESSER PENALTIES - INCLUDING A PERIOD OF

MONTHS IN A RE-EDUCATION CAMP MIGHT BE IMPOSED FOR A FIRST

ATTEMPT TO LEAVE. COMPLICATIONS ARISE WHEN THE ACT OF LEAVING ILLEGALLY IS COMPOUNDED BY THEFT OF A BOAT ETC.

5. THAT LONGER SENTENCES THAN TWO YEARS WERE IMPOSED PRIOR TO THE NEW CRIMINAL CODE WAS INDICATED BY THE BUDDHIST MONK IN THE MAIN PAGODA AT DALAT WHO TOLD MY WIFE AND I THAT HE HAD SPENT FIVE YEARS IN PRISON AFTER BEING CAUGHT QUOTE ON THE BEACH UNQUOTE TRYING TO LEAVE IN 1978. BUT THE AUTHORITIES WERE PROBABLY MUCH MORE UPTIGHT ABOUT THE EXODUS THEN THAN THEY ARE NOW.

6. IF THE CHIEF EXECUTIVE OF IMEXCO (THE HO CHI MINH CITY TRADING CORPORATION) IS ANYTHING TO GO BY, LONG ABSENCE FROM VIETNAM IS NOT IN ITSELF AN OBSTACLE TO ADVANCEMENT TO SENIOR POSITIONS ATTRACTING SIGNIFICANT FRINGE BENEFITS (EG A PRIVATELY OWNED MERCEDES). THE VIETNAMESE MAY INCREASINGLY SEEK TO ATTRACT BACK TO VIETNAM THOSE WHO HAVE ACQUIRED USEFUL SKILLS. THE MINISTER OF JUSTICE SAID AS MUCH A YEAR AGO INDICATING THAT THAT COULD APPLY ALSO TO THOSE WHO HAD LEFT ILLEGALLY BUT TO WHOM THE STATUTE OF LIMITATIONS APPLIED.

R G TALLBOYS

YYYY

FCO PASS HONG KONG