TNAG-1793-FCO40-2553-Hong-Kong-Vietnamese-refugees-repatriation--including-Opera-1988 — Page 280

CONFIDENTIAL

110526

MDHOAN 7592

ALL

(F)

ARRIVALS AS THOUGH THEY WERE GENUINE REFUGEES.

THE HONG KONG GOVERNMENT HAVE REVIEWED POLICY OPTIONS IN

CLOSE CONSULTATION WITH HMG. WE ARE BOTH VERY CONSCIOUS OF OUR

RESPONSIBILITIES TO GENUINE REFUGEES. FOR SOME TIME NOW IT HAS

BEEN OUR VIEW THAT THOSE THAT LEAVE VIETNAM FOR ESSENTIALLY

ECONOMIC REASONS AND WHO DO NOT MEET REFUGEE CRITERIA SHOULD BE RETURNED TO VIETNAM, SUBJECT TO SUITABLE SAFEGUARDS FOR THEIR TREATMENT ON RETURN. WE HAVE TAKEN CAREFUL NOTE OF THE OTTAWA

MEETING (OF THE ICG) IN APRIL AND OF THE

GUIDANCE PAPER WHICH EMERGED FROM THAT MEETING.

WE WISH TO ENSURE THAT ANY CHANGE IN POLICY SHOULD

DETER NON-REFUGEES FROM LEAVING VIETNAM WHILE ENABLING GENUINE

REFUGEES TO CONTINUE TO HAVE ACCESS TO ASYLUM AND RESETTLEMENT.

(G) AFTER MOST CAREFUL CONSIDERATION WE AND THE HONG KONG

GOVERNMENT HAVE CONCLUDED THAT A NEW

POLICY SHOULD BE ADOPTED. IT WILL TAKE EFFECT ON

16 JUNE. IN ESSENCE THE NEW POLICY WILL INVOLVE SCREENING OF

ARRIVALS UNDER UNHCR GUIDELINES. UNHCR WILL BE INVITED TO OBSERVE SCREENING PROCEDURES IN ACTION, AND WILL HAVE THE OPPORTUNITY TO BE INVOLVED IN APPEALS.

(H) THOSE WHO ARE SCREENED IN AS REFUGEES WILL BE ACCOMMODATED

IN CLOSED CENTRES WITH THOSE WHO HAVE BEEN ACCORDED REFUGEE

STATUS UNDER CURRENT ARRANGEMENTS. THE HONG KONG GOVERNMENT

INTEND THAT CONDITIONS IN THESE CAMPS WILL BE LIBERIALSED OVER TIME.

(I)

THOSE WHO ARE SCREENED OUT WILL BE HELD AS ILLEGAL IMMIGRANTS

PENDING REPATRIATION TO VIETNAM WHEN ARRANGEMENTS FOR THEIR RETURN, UNDER SUITABLE SAFEGUARDS, HAVE BEEN AGREED

WITH VIETNAMESE AUTHORITIES. THEY WILL BE ACCOMMODATED IN CLOSED

CENTRES RUN ON SIMILAR LINES TO THE EXISTING CLOSED CENTRES. (J) WE AND THE HONG KONG AUTHORITIES BELIEVE THAT THESE ARRANGEMENTS WILL PROVIDE A DETERENT TO THOSE WISHING TO LEAVE VIETNAM FOR ESSENTIALLY ECONOMIC REASONS, WHILE ENSURING THAT THE RIGHTS OF GENUINE REFUGEES ARE PROPERLY PROTECTED.

(K) WE AND THE HONG KONG AUTHORITIES ARE MOST GRATEFUL TO YOU

FOR YOUR ASSISTANCE AND THE UNDERSTANDING YOU HAVE BROUGHT TO

THIS PROBLEM IN THE PAST. WE HOPE THAT YOU WILL UNDERSTAND THE REASONS FOR THIS CHANGE IN POLICY, AND THAT YOU WILL BE ABLE TO SUPPORT IT PUBLICLY.

(L) A CRITICAL COMPONENT FOR THE SUCCESS OF THE NEW POLICY

WILL BE PERSUADING THE VIETNAMESE TO ACCEPT BACK THOSE WHO ARE NOT REFUGEES UNDER SUITABLE SAFEGUARDS FOR THEIR TREATMENT ON

RETURN. WE HAVE FOUND THE DISCUSSIONS IN ICG MOST HELPFUL ON THIS

POINT. WE HOPE THAT YOU WILL TAKE EVERY OPPORTUNITY TO PRESS THE

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CONFIDENTIAL