TNAG-1792-FCO40-2552-Hong-Kong-Vietnamese-refugees-repatriation--including-Opera-1988 — Page 71

CODE 18-77

CONFIDENTIAL

Mr Fifoot, Legal Advisers

Dr Reilly, SEAD

Mr Millett, UND

HUD 243/8 ниб

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VIETNAMESE BOAT PEOPLE IN HONG KONG

1. The attached telegram from Hong Kong concerns a group of 4 people who arrived in Hong Kong from Vietnam by boat. On arrival they said they had been forced to come to Hong Kong by others who took over their boat and they asked to be returned to Vietnam: arrangements to do this were agreed remarkably quickly through UNHCR with the Vietnamese authorities. Two have now returned to Vietnam, but the remaining two have changed their minds.

2. Para 3 of the attached telegram suggests that Hong Kong should have followed a different course of action, ie defining the arrivals as illegal immigrants, cutting out UNHCR, and approaching Hanoi through diplomatic channels. The implication is that they would then be returned to Vietnam subject only to agreement with the Vietnamese authorities and regardless of their own wishes.

3.

I should be grateful for your views on this question, in particular

(a) what effect does the individual's change of heart have on his

status;

(b)

(c)

given our policy objective to return those who do not meet refugee criteria subject to suitable safeguards, would it be appropriate to contemplate the enforced return of someone who no longer wishes to return, whatever his original reason for coming to Hong Kong;

under Hong Kong Government's proposed new policy, there is no intention of forcing the return of those screened out as illegal immigrants in advance of an agreement with Vietnam including suitable safeguards. Should not all "illegal immigrants" be treated alike?

20 May 1988

R. Fortman

R C L Footman

Hong Kong Department 270-2651

CONFIDENTIAL