TNAG-1798-FCO40-2558-Hong-Kong-Vietnamese-refugees-repatriation--including-Opera-1988 — Page 32

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INFO IMMEDIATE WASHINGTON, UKMIS GENEVA

958

971

116277 MDHIAN 6750

WASHINGTON TELNO 2973 : VIETNAMESE BOAT PEOPLE REPORTS BY INDOCHINA RESOURCE ACTION CENTRE (IRAC) AND REFUGEES INTERNATIONAL

WE DO NOT WISH TO REPLY TO THE IRAC AND REFUGEE INTERNATIONAL REPORTS IN DETAIL AND SUGGEST THAT OUR FORMAL RESPONSES TO THE TWO ORGANISATIONS SHOULD BE LIMITED TO ACKNOWLEDGING RECEIPT OF THE REPORTS AND STATING THAT WE ARE CONSIDERING THE RECOMMENDATIONS.

2. WE PROPOSE THE FOLLOWING LINE TO TAKE IN DISCUSSIONS ON THE

MAIN CRITICISMS.

GENERAL

3.

BEFORE

THE NEW POLICY WAS INTRODUCED ON 16 JUNE 1988 IN RESPONSE TO DRAMATIC INCREASES IN ARRIVALS OF VIETNAMESE BOAT PEOPLE IN 1987/88 AND A DECLINING RATE OF RESETTLEMENT FROM HONG KONG. THAT DATE WE ACCORDED PRIMA FACIE REFUGGE STATUS TO ALL VIETNAMESE BOAT PEOPLE ARRIVING IN HONG KONG, WHILE RESETTLEMENT COUNTRIES AND PARTICULARLY THE US BECAME MORE SELECTIVE AND REFUSED TO ACCEPT PERSONS WHO DID NOT ACCORD WITH THEIR OWN NARROWER CRITERIA FOR RESETTLEMENT. IN INTRODUCING THE SCREENING POLICY, HONG KONG, WAS IN EFFECT, ADJUSTING ITS OWN PRACTICES IN RESPONSE TO THE GROWING BURDEN OF REFUGEES IN THE TERRITORY AND THE MORE RESTRICTIVE MEASURES ADOPTED BY RESETTLEMENT COUNTRIES.

SCREENING OUT AND APPEAL

4.

IN DETERMINING REFUGEE STATUS THE SCREENING PROCEDURES ADHERE TO THE DEFINITION CONTAINED IN THE 1951 UN CONVENTION AND 1967 PROTOCOL. WE ACKNOWLEDGE THAT IN SOME CASES, IT IS DIFFICULT TO DIFFERENTIATE PROPERLY BETWEEN POLITICAL AND ECONOMIC REASONS FOR BOAT PEOPLE TO LEAVE VIETNAM, BUT IN MIST CASES THE DETERMIN- ATION IS CLEAR CUT. PROVIDED THAT IN BORDERLINE CASES THE ASYLUM SEEKER IS GIVEN THE BENEFIT OF THE DOUBT, THERE IS NO GOOD REASON

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