TNAG-1793-FCO40-2553-Hong-Kong-Vietnamese-refugees-repatriation--including-Opera-1988 — Page 289

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M Millett has nothing to add to tho

Mr Footman

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CONFIDENTIAL

FROM:

ра

PAUL FIFOOT

DATE: 2 JUNE 1988

242

CC:

Dr Reilly, SEAD

Mr Millett, UND

HKD 243/8

194

VIETNAMESE BOAT PEOPLE IN HONG KONG: OF 20 MAY

YOUR MINUTE

1.

I assume that the two individuals concerned did not meet the UNHCR's criteria of refugees (and indeed this would be inconsistent with their story as recounted in para 1 of your minute). I also assume that they have no rights, under the law of Hong Kong, to remain in Hong Kong and may be removed from the Colony under that law.

2.

The question then falls to be considered under the rules relating to deportation. Subject to any restrictions contained in Hong Kong's own law, a foreign national may be returned to his own country. There are two possible general qualifications to this proposition. First, a person who is subject to deportation should be given the opportunity to obtain, within a reasonable time, permission to enter a third country if he is unwilling to return to his country of nationality. This is the position under the UK's immigration law and it is a course which I think we should urge on Hong Kong (perhaps with an exception for illegal Chinese immigrants), even if it is not specifically spelt out in Hong Kong law. However in the last resort, and if no other country is willing to accept the deportee, he may be returned to his own country.

3.

The second possible restriction derives from the proposition that, in addition to the specific provision against non-refoulment in the Refugee Convention, there is a rule of general international law against returning individuals to their own country if their life or freedom would be threatened on account of race, religion, nationality, membership of a particular social group or political opinion. I do not believe that this proposition has yet emerged as a rule of international law, though I would not say that, if the issue was brought before a tribunal in relation to the vietnamese, it could not emerge.

/4.

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CONFIDENTIAL

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