TNAG-1793-FCO40-2553-Hong-Kong-Vietnamese-refugees-repatriation--including-Opera-1988 — Page 109

HUD 243/8 нит

CONFIDENTIAL

CONFIDENTIAL

FM FCO

TO DESKBY 15140OZ UKMIS GENEVA

TELNO 162

OF 15123OZ JUNE 88

AND TO IMMEDIATE HONG KONG

80

6588

137173

MDHOAN 8210

DIST ?

YOUR TEL NOS 326 AND 331, HONG KONG TELNOS 2283 AND 2293, AND OUR

TEL NO 1537: VIETNAMESE BOAT PEOPLE: UNHCR RESPONSE.

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PLEASE NOW REVERT TO UNHCR AS SOON AS POSSIBLE ON THE

FOLLOWING LINES:

XA) GRATEFUL FOR UNHCR'S PROMPT RESPONSE TO OUR DEMARCHE OF 9

JUNE. WE HAVE CONSIDERED THIS CAREFULLY IN CONSULTATION WITH THE HONG KONG GOVERNMENT, AND HAVE SOME OBSERVATIONS AS FOLLOWS

(B) WE NOTE UNHCR'S SUPPORT FOR THE ESTABLISHMENT BY GOVERNMENTS OF

PROPER PROCEDURES TO DETERMINE THE REFUGEE STATUS OF INDIVIDUALS.

WE ALSO UNDERSTAND UNHCR'S CONCERN ABOUT THE USE OF THE TERM

'SCREENING' IF THIS WERE TAKEN TO IMPLY SOMETHING LESS THAN A

FORMAL DETERMINATION OF INDIVIDUAL REFUGEE STATUS ON THE BASIS OF

THE RELEVANT FACTS AND ALL APPROPRIATE CRITERIA. THE PROBLEM IS

OF COURSE THAT 'SCREENING' IS A TERM THAT IS WIDELY USED, AND WE BELIEVE IT IS PREFERABLE TO USE A COMMONLY UNDERSTOOD TERM IN THE

CONTEXT OF THE NEW POLICY. HOWEVER, THE PROCEDURE USED WILL

DETERMINE THE STATUS OF REFUGEES ON AN INDIVIDUAL BASIS. WE AND

THE HONG KONG GOVERNMENT WILL ENDEAVOUR WHEN REFERRING TO THIS

PROCESS TO MAKE IT CLEAR THAT WE ARE REFERRING TO A FULL AND PROPER PROCESS UNDER UNHCR GUIDELINES, WHICH UNHCR WILL OF COURSE BE INVITED TO OBSERVE THIS IN ACTION, AND WILL HAVE THE OPPORTUNITY TO BE INVOLVED IN APPEALS.

(C) ON THE LIBERALISATION OF THE EXISTING CLOSED CAMPS, THE HONG KONG GOVERNMENT RECOGNISE THE PARTICULAR IMPORTANCE UNHCR ATTACH

TO A CHANGE OF THE NATURE OF THESE CAMPS, AND REAFFIRMS ITS INTENTION TO LIBERALISE THEM. HOWEVER, THEY SEE ADVANTAGES IN DOING SO OVER TIME. SOME OF THE CAMPS CANNOT BE OPENED IN SITU

AS THEY ARE IN ISOLATED LOCATIONS ON ISLANDS. THERE IS ALSO

CONCERN THAT AN IMMEDIATE OPENING OF THE CAMPS COULD BE

MISINTERPRETED IN VIETNAM, THEREBY CONFUSING THE MESSAGE WE WISH TO CONVEY IN VIETNAM AND POSSIBLY EVEN ENCOURAGING OTHERS TO

LEAVE VIETNAM FOR HONG KONG. THE HONG KONG GOVERNMENT ENVISAGE A

GRADUAL LIBERALISATION PROCESS TAKING 6-12 MONTHS TO COMPLETE.

THIS WOULD ALSO ALLOW TIME FOR THOSE WHO HAVE BEEN IN THE CLOSED

CAMPS FOR SOME YEARS TO GET USED TO A MORE LIBERAL REGIME IN

WHICH THEY HAVE TO TAKE GREATER RESPONSIBILITY FOR THEMSELVES.

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