TNAG-1795-FCO40-2555-Hong-Kong-Vietnamese-refugees-repatriation--including-Opera-1988 — Page 13

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

(1) He has voluntarily re-availed himself of the protection of the

country of his nationality; or

(2)

(3)

Having lost his nationality, he has voluntarily re-acquired it, or

He has acquired a new nationality, and enjoys the protection of

the country of his new nationality; or

(4) He has voluntarily re-established himself in the country which he

left or outside which he remained owing to fear of persecution; or

(5) He can no longer, because the circumstances in connexion with

which he has been recognized as a refugee have ceased to exist, continue to

refuse to avail himself of the protection of the country of his nationality;

Provided that this paragraph shall not apply to a refugee falling under section A (1) of this Article who is able to invoke compelling reasons

arising out of previous persecution for refusing to avail himself of the

protection of the country of nationality;

(6) Being a person who has no nationality he is, because the circum-

stances in connexion with which he has been recognized as a refugee have ceased

to exist, able to return to the country of his former habitual residence;

Provided that this paragraph shall not apply to a refugee falling

under section A (1) of this Article who is able to invoke compelling reasons

arising out of previous persecution for refusing to return to the country of

his former habitual residence.

D.

This Convention shall not apply to persons who are at present

receiving from organs or agencies of the United Nations other than the United

Nations High Commissioner for Refugees protection or assistance.

When such protection or assistance has ceased for any reason, without

the position of such persons being definitively settled in accordance with the relevant resolutions adopted by the General Assembly of the United Nations,

these persons shall ipso facto be entitled to the benefits of this Convention.

E. This Convention shall not apply to a person who is recognized by the competent authorities of the country in which he has taken residence as having the rights and obligations which are attached to the possession of the nationality of that country.

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