TNAG-1792-FCO40-2552-Hong-Kong-Vietnamese-refugees-repatriation--including-Opera-1988 — Page 150

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Ms Slater, HKD

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Reference

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REFUGEES

1. You might be interested in the attached telegrams from Colombo about UNHCR's attitude to the return of Tamil asylum-seekers to Sri Lanka. Although the circumstances of Tamil asylum-seekers and Vietnamese boat people are different, there are certain key points which are worth highlighting.

2.

As you know, there has been a degree of tension within UNHCR as to whether failed Tamil asylum-seekers fall within the

High Commissioner's mandate (para 4 of Mr Williams' minute of 6 May to Mr Hum). The UNHCR officials who do not favour such a policy now seem to have succeeded in issuing instructions to UNHCR offices limiting UNHCR policy.

3. In the Hong Kong context, this indicates that:

✓

Ok

UNHCR accepts that failed asylum-seekers can be returned to their country of origin whether they like it or not;

UNHCR will accept the repatriation of failed asylum-seekers (illegal immigrants) provided that a proper screening process has been carried out;

- the task of presenting any new policy for Hong Kong will be more readily accepted internationally provided that the screening process is "UNHCR-proof";

- if UNHCR are not permitted to participate (ie observe or monitor) in the screening process, they will still try to review cases to determine their claim to refugee status;

even if returnees are not regarded as "of concern to UNHCR", the organisation can still provide some material assistance (ie financial support). While this might only have direct relevance to the boat people's eventual return to Vietnam, it might also have some indirect relevance to the maintenance of the camps in Hong Kong.

Peter Millett

cc: Dr Reilly, SEAD

11 May 1988

P Millett

United Nations Department

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