TNAG-1794-FCO40-2554-Hong-Kong-Vietnamese-refugees-repatriation--including-Opera-1988 — Page 229

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

CONFIDENTIAL

014565 MDHOAN 9553

UNHCR INTO OUR CONFIDENCE ABOUT THE NEW POLICY BEFORE ITS INTRODUCTION AND REMINDED BAYANDOR THAT THE POLICY HAD BEEN GENERALLY WELL RECEIVED BY THE INTERNATIONAL COMMUNITY. FAR FROM CREATING THE NEGATIVE CONSEQUENCES HOCKE APPARENTLY FEARED, THE POLICY OFFERED IN OUR VIEW THE PROSPECT OF BRINGING THE SITUATION UNDER CONTROL, WHILE THE SEARCH FOR A DURABLE SOLUTION CONTINUED. FAR FROM EASING THE PRESSURE ON VIETNAM, THE POLICY HAD FOCUSSED INTERNATIONAL ATTENTION ON THE ISSUES OF SCREENING AND REPATRIATION THEREBY INCREASING THE PRESSURE ON VIETNAM. UNHCR SHOULD NOT HESITATE TO SEIZE THESE OPPORTUNITIES.

5.

BAYANDOR REPEATED THAT UNHCR HAD NO PROBLEM WITH SCREENING PER SE: USING THE 1951 CONVENTION AS A BASIS WAS ALSO ACCEPTABLE TO UNHCR, SINCE THE 1951 CONVENTION CRITERIA WERE APPLICABLE. BUT THESE CRITERIA ALONE WERE TOO STRICT: ADDITIONAL HUMANITARIAN CRITERIA SHOULD ALSO BE BUILT INTO THE PROCEDURES, IN RECOGNITION OF THE SPECIAL CIRCUMSTANCES OF VIETNAM CHE REFERRED TO DECADES OF WAR, THE EXCESSIVELY REGIMENTED AND AUTHORITARIAN NATURE OF VIETNAMESE SOCIETY, OVER-POPULATION AND CONTINUING DISCRIMINATION AGAINST PEOPLE WITH THE WRONG FAMILY CONNECTIONS). UNHCR WANTED A BROADER INTERPRETATION OF THE 1951 CONVENTION, TO INCLUDE FOR EXAMPLE FAMILY REUNIFICATION, OR CONSIDERATIONS SUCH AS WHETHER AN INDIVIDUAL MIGHT BE SUBJECT TO DISCRIMINATION OR

VICTIMISATION BECAUSE OF FAMILY CONNECTIONS. BAYANDAR CITED TWO PARTICULAR EXAMPLES: A MINOR CHILD, UNACCOMPANIED COULD BE DETAINED EVEN IF HE HAD A PARENT OUTSIDE VIETNAM; A

SPOUSE/RELATIVE HAD ARRIVED BEFORE 16 JUNE AND BEEN ACCORDED

REFUGEE STATUS.

6. IN RESPONSE PAUL SAID

WERE APPROPRIATE IN PRESENT

THAT WE THOUGHT THE 1951 CRITERIA

CIRCUMSTANCES

THE SITUATION NOW WAS VERY DIFFERENT FROM THAT

OF 1975, THE IMMEDIATE AFTERMATH OF THE VIETNAMESE WAR. THE FEATURES OF LIFE IN VIETNAM WHICH BAYANDOR HAD LISTED WERE CERTAINLY NOT EXCLUSIVE TO THAT COUNTRY. IT WAS CLEAR THAT THE PROFILE AND CHARACTERISTICS OF THE BOAT PEOPLE HAD NOW CHANGED: MOST WERE QUOTE SIMPLY LEAVING VIETNAM IN SEARCH OF A BETTER

LIFE UNQUOTE.

7.

BAYANDAR SAID THAT UNHCR WERE ALSO CONCERNED ABOUT THE PRESENTATION OF THE POLICY IN HONG KONG: IN PARTICULAR THE ARRIVAL NOTICES WERE WORDED IN SUCH A WAY AS TO LEAD NEW ARRIVALS TO BELIEVE THAT THEY WOULD ALL BE TREATED AS ILLEGAL IMMIGRANTS. THIS MIGHT INDUCE GENUINE REFUGEES TO MOVE ON WITHOUT LANDING IN

HONG KONG, IN THE MISTAKEN BELIEF THAT THEY STOOD NO CHANCE OF

BEING GIVEN FIRST ASYLUM. THE WORDING OF THE NOTICE SHOULD BE

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