TNAG-1796-FCO40-2556-Hong-Kong-Vietnamese-refugees-repatriation--including-Opera-1988 — Page 165

CONFIDENTIAL

FM HONG KONG

TO IMMEDIATE FCO

TELNO 3191

OF 311015Z AUGUST 88

INFO IMMEDIATE UKMIS

GENEVA

CONFIDENTIAL

HKD 2438.

BAC.

RY

31 AUG 1988

DA

REGISTR

Action

N

717

026725

MDHIAN 1771

DIST 7

s

INFO PRIORITY HANOI, WASHINGTON, BANGKOK, KUALA LUMPUR

MIPT: VIETNAMESE BOAT PEOPLE IN HONG KONG : STATEMENT OF AN

UNDERSTANDING REACHED BETWEEN THE HONG KONG GOVERNMENT AND

REPRESENTATIVE OF THE UNHCR CONCERNING THE CARE OF ASYLUM SEEKERS

ARRIVING FROM VIETNAM IN HONG KONG

1. THE HONG KONG GOVERNMENT REAFFIRMS THAT, NOTWITHSTANDING THE HEAVY BURDEN PLACED UPON THE TERRITORY BY THE SUDDEN INFLUX OF PEOPLE FROM VIETNAM, ALL REFUGEES WILL BE HANDLED ACCORDING TO UNHCR GUIDELINES AND WILL HAVE ACCESS TO RESETTLEMENT. IT FURTHER

RAFFIRMS ITS UNDERTAKING THAT THE PROCEDURE FOR DETERMINING REFUGEE STATUS WILL BE IN STRICT ACCORDANCE WITH UNHCR GUIDELINES

APPENDED TO THE 1951 CONVENTION AND 1967 PROTOCOL RELATING TO THE

STATUS OF REFUGEES. IT FURTHER STATES IT COMMITMENT TO DETAINING

THOSE ASYLUM SEEKERS DETERMINED BY THIS PROCEDURE TO BE ILLEGAL

IMMIGRANTS IN CONDITIONS AS REASONABLE AND UNRESTRICTED AS RESOURCES AND THE LAW ALLOW, PENDING THEIR REPATRIATION TO VIETNAM. THE HONG KONG GOVERNMENT WILL ALSO MAKE EVERY EFFORT TO IMPROVE GRADUALLY THE

ACCOMMODATION CONDITIONS FOR ALL VIETNAMESE AS AND WHEN RESOURCES

ALLOW.

2.

THE UNHCR, WHILE EXPRESSING ITS UNDERSTANDING OF THE ADMINIS- TRATIVE DIFFICULTIES FACED BY THE HONG KONG GOVERNMENT DECLARES ITS CONCERN FOR AND INTEREST IN THE FATE OF ALL ASYLUM SEEKERS ARRIVING

FROM VIETNAM. IT REAFFIRMS ITS RESPONSIBILITY TO ENSURE THE PROTECTION OF ALL ASYLUM SEEKERS ARRIVING FROM VIETNAM. IN PURSUIT

OF THAT RESPONSIBILITY THE UNHCR AFFIRMS ITS WISH TO PARTICIPATE IN

THEIR CARE IN HONG KONG AND IN THE PROCEDURES FOR THE DETERMINATION OF REFUGEE STATUS, IN ORDER TO SATISFY ITSELF THAT THE HONG KONG GOVERNMENT IS FULFILLING ITS UNDERTAKING TO ABIDE BY ESTABLISHED

AND ACCEPTED UNHCR GUIDELINES.

3. THE TWO SIDE'S WILL CONTINUE TO DISCUSS ANY MATTER WHICH CONCERNS

THE CARE OF ASYLUM SEEKERS ARRIVING FROM VIETNAM IN HONG KONG.

4.

BEARING THESE CONDITIONS IN MIND, BOTH SIDES HAVE AGREED THE

1

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