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writing in 1980, makes a distinction between non-refoulement and what he calls "non-rejection at the frontier". Goodwin-Gill is readier than Grahl-Madsen to accept non-refoulement as a generally applicable international principle not dependent upon particular treaties, but both writers seem agreed that, in this general sense, it is for the time being no more than a moral principle falling short of a legal obligation.
5. This seems in reality to correspond to the real thrust of the UNHCR paper. Paragraph 13, talking of the asserted specific duty to admit asylum-seekers, at least on a temporary basis, argues this as being "in line with basic considerations of humanity". I have to say in this context that, despite the reference in your minute to a "place of first asylum", I can find no trace of this as a specific legal category in any of the books. It follows that I am rather sceptical about the UNHCR's assertion of a "specific duty", if this is taken in a legal sense. It follows also that there is no specifically legal answer to your second question, how Hong Kong could cease to be a place of first asylum. It seems to me that the expression is not a term of art, but corresponds to the factual situation as referring to the place at which refugees. or asylum-seekers first present themselves.
6.
I must however qualify the above by saying that we may by our actions have accepted particular obligations going beyond the general situation. I doubt whether the statement by the Governor of Hong Kong mentioned in paragraph 12 should be regarded as devoid of all legal significance. Likewise, the decisions recorded in paragraph 8, in which the UK is said to have participated, may well also constitute, depending on the circumstances, principles which HMG have undertaken to abide by in practice. For the time being therefore, as indicated above, this advice can only be regarded as tentative.
11 February 1988
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F D Berman
Legal Counsellor
K 199 270-3052
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