TNAG-1534-FCO40-2098-Hong-Kong-Vietnamese-refugees-repatriation-1986 — Page 156

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CONFIDENT ÞAL

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060740Z MAY

GRS 500

CONFIDENTIAL

FM HONG KONG

TO TELETTER FCO

TELETTER NER

OF 06074OZ MAY 86

INFO TELETTER UKMIS GENEVA, HANOI

FROM: JEAFFRESON, SECURITY BRANCH

FOLLOWING FOR: HUM, HKD

COPIED TO : UKMIS GENEVA

HANOW

10

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Han 24315

RECEIVED IN REGISTRY 27 MAY 1986

DESK OFFICER

REGISTRY

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Action Taken

VIETNAMESE REFUGEES : INVOLUNTARY REPATRIATHON

DISCUSSED

DURING HIS VISIT TO HONG KONG ON 28 APRIL, HMA HANO WITH US, AT OUR REQUEST, THE PRESENT SHTUATION REGARDING ILLEGAL

DEPARTURES FROM VIETNAM.

2. WE EXPLAINED THAT ALTHOUGH 1985 HAD SHOWN AN ENCOURAGING DECLINE IN THE REFUGEE POPULATION IN HONG KONG (MAHNLY AS A RESULT OF A 50 PERCENT REDUCTION IN THE NUMBERS ARRIVING), WE WERE NOW FACING AN INCREASE IN THE NUMBERS ARRIVING. COMPARED TO THE PERIOD UP TO THE END OF APRIL 1985, WE ALREADY HAD 66 PERCENT MORE ARRIVALS SO FAR THIS YEAR. 53 PERCENT OF THE ARRIVALS SO FAR THIS YEAR HAD COME FROM NORTH WIETNAM, COMPARED TO 22 PERCENT UP TO THE END

OF APRIL 1985 AND AN OVERALL AVERAGE OF ABOUT 25 PERCENT FOR THE

PAST FEW YEARS. WE EXPLAINED THAT NORTH WIETNAMESE WERE DIFFICULT TO RESETTLE.

3. HMA POINTED OUT THAT THE VIETNAMESE AUTHORITIES HAD RECENTLY PUBLISHED A NEW CRIMINAL CODE, WHICH MERELY CODIFIED PREVIOUS PRACTICE. THE PENALTY FOR THOSE LEAVING VIETNAM HILLEGALLY WAS NOW

CLEARLY ESTABLISHED TO BE A MAXIMUM OF TWO YEARS IN JAHL. THERE

WAS A FIVE YEAR STATUTE OF LIMITATIONS ON THIS OFFENCE. THE

WIETNAMESE REFUGEES WHO WERE 'RESCUED BY A RUSSIAN SHIP OFF THE

COAST OF THE PHILIPPINES LAST YEAR HAD BEEN SENTENCED ONLY TO

THREE MONTHS ON A RE-EDUCATION CAMP.

4. AS WE SEET HIT, THERE ARE SOME SIGNS THAT THOSE RETURNING TO WIETNAM WOULD BE SUBJECT TO NORMAL (WITHIN THE VIETNAMESE

MEANING OF THE TERM) PUNISHMENT. MORE IMPORTANT, THERE ARE NO (NO)

HINDICATIONS THAT THOSE RETURNING WOULD BE SUBJECTED TO HARSH OR

INHUMANE TREATMENT. WE DO NOT KNOW WHAT CONDITIONS ARE LIKE HN

VIETNAMESE JAILS: WE DO NOT KNOW WHETHER THE VIETNAMESE AUTHORITIES

WOULD CHARGE THOSE WHO HAD COMMITTED OTHER PRESUMED OFFENCES

(THEFT OF BOATS, ROBBERY) AT THE TIMME OF THEIR DEPARTURE: THERE

ARE L'IMITS ON THE EXTENT TO WHICH WE COULD MONITOR WHAT HAD

HAPPENED TO THOSE WHO WERE RETURNED. THESE POINTS MIGHT CONTINUE

TO RENDER US VULNERABLE TO PARLIAMENTARY CRITICISM. NEVERTHELESS,

WE FEEL THAT CIRCUMSTANCES MAY HAVE CHANGED SUFFICIENTLY TO JUSTIFY A NEW ATTEMPT TO SOUND OUT THE WIETNAMESE ON INVOLUNTARY REPATRIATHON.

5. WE EXPECT THAT, IF APPROACHED, THE VIETNAMESE WOULD AGAIN RESPOND

THAT EACH APPLICATION MUST BE TREATED ON A CASE BY CASE BASHS, HT IS

TOO MUCH TO HOPE FOR SWEEPING GENERALITIES. NEVERTHELESS WE SUGGEST

THAT YOU MAY WISH, IN CONJUNCTION WITH SEAD, TO DISCUSS THIS MATTER

WITH HMA HANON WHEN HE RETURNS TO LONDON ON HIS MID-TOUR LEAVE.

IT SEEMS WORTH RUNNING OVER THE PROS AND CONS AGAIN, IN THIS MATTER

OF IMPORTANCE TO HONG KING (AND YOU WILL HAVE SSEN FROM OUR COMMENTS

ON THE RAY REPORT THAT THE AMERICANS ARE COMING ROUND TO THE

VIEW THAT SOME OF THOSE DEPARTING FROM VIETNAM ARE ECONOMIC

MIGRANTS). SEEN FROM HERE IT MIGHT NOW BE POSSIBLE TO FORMULATE AN

AGREED APPROACH TO THE WIETNAMESE AUTHORITIES.

SIGNED...... JEAFFRESON

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