TNAG-1800-FCO40-2560-Hong-Kong-Vietnamese-refugees-principle-of-first-asylum-1988 — Page 321

HUD 243/1

EGISTRY

CONFIDENTIALU MAR 1988

176157

MDLIAN 6594

CONFIDENTIAL

FM HONG KONG

TO PRIORITY FCO

TELNO 1031

OF 10090UZ MARCH 88

INFO ROUTINE HONG KONG GOVERNMENT OFFICE LONDON

TOP COPY

Q DIST 7

VIETNAMESE REFUGEES

J

FIRST ASYLUM : YOUR TELNO 493

THANK YOU FOR TUR AND ASSOCIATED PAPERS WHICH WE HAVE READ WITH

INTEREST.

2. THE FACT THAT THE 1951 CONVENTION AND 1967 PROTOCOL ON THE STATUS OF REFUGEES ARE NOT (NOT) EXTENDED TO HONG KONG HAS BEEN TAKEN BY THE LEGCO AD HOC GROUP AS CONFIRMATION THAT HONG KONG IS NOT (NOT) LEGALLY (LAST WORD UNDERLINED) OBLIGED TO ACT AS A PLACE OF FIRST ASYLUM FOR BOAT PEOPLE FROM VIETNAM. THIS WAS ALSO CONFIRMED BY DENIS MCNAMARA, DEPUTY DIRECTOR OF UNHCR'S REFUGEE LAW AND DOCTRINE DIVISION, DURING A MEETING WITH MEMBERS OF THE AD HOC GROUP YESTERDAY (9/3).

3. MCNAMARA MADE CLEAR, HOWEVER, THAT THE QUESTION OF LEGAL OBLIGATION IS LESS SIGNIFICANT THAN CONVENTIONAL AND CUSTOMARY OBLIGATIONS ON HUMANITARIAN GROUNDS. HE SAID THAT THE PRINCIPLE OF NON-REFOULEMENT AND THE PROHIBITIO OF EXPULSION OF REFUGEES UNDER ARTICLE 33 OF THE 1951 CONVENTION ARE ELEMENTS OF (QUOTE) CUSTOMARY INTERNATIONAL LAW (UNQUOTE). IN THIS CONNECTION HE ALSO REFERRED TO THE (QUOTE) RIGHT TO SEEK AND ENJOY ASYLUM (UNQUOTE) CONTAINED IN THE 1949 DECLARATION ON HUMAN RIGHTS, WHICH HE ADMITTED WAS

EXHORTATIVE BUT NOT (NOT) BINDING.

4. LEGISLATIVE COUNCILLORS HAVE RESPONDED PUBLICLY IN EXTENSIVE MEDIA COVERAGE ON THIS ISSUE URGING HKG AND HMG TO AGREE THAT HONG KONG SHOULD CEASE TO ACT AS A PLACE OF FIRST ASYLUM FOR BOAT PEOPLE FROM VIETNAM EITHER BY REFUSING THEM ACCESS IN THE FIRST PLACE OR BY TREATING THEM AS ILLEGAL IMMIGRANTS.SOME LEGCO MEMBERS HAVE THREATENED TO VOTE AGAINST THE ALLOCATION OF HKG FUNDS FOR THE ACCOMMODATION AND CARE OF REFUGEES IN HONG KONG CAMPS WITH A VIEW ΤΟ FORCING HMG TO PAY OR TO AGREE TO A CHANGE OF POLICY.

5. WE HAVE NOT (NOT) RESPONDED FORMALLY TO THE LEGCO AD HOC GROUP ON THE QUESTION OF HONG KONG'S LEGAL AND HISTORICAL OBLIGATIONS AS A PLACE OF FIRST ASYLUM, BUT WE ARE COMMITTED TO DO SO BY APRIL/MAY AS

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