TNAG-1800-FCO40-2560-Hong-Kong-Vietnamese-refugees-principle-of-first-asylum-1988 — Page 327

Mr

Mp. mina

Bergan, Legal Advisers

HUD 243/11

ния

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HONG KONG: Asylum Seekers

1. In Mr Fifoot's absence, this department and HKD would appreciate your advice on a number of questions concerning Vietnamese asylum seekers in Hong Kong.

2.

The background lies in pressures from Legco on the Hong Kong Government to stop providing asylum to all Vietnamese who arrive in the territory. As you will see from Hong Kong telno 346, they have consulted UNHCR about the background to the principle of first asylum and would now welcome our advice on whether Hong Kong could cease to act as a place of first asylum for Vietnamese boat people and if so, in what circumstances.

3.

The key

I attach a paper in which UNHCR submitted their views. point is that the 1951 Convention and 1967 Protocol Relating to the Status of Refugees was not extended to Hong Kong. In response to a question arising from a previous case, Mr Fifoot advised that Hong Kong was therefore under no legal obligation to observe the Convention.

I would be grateful for your advice on the following legal points:

4.

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While the Governor's statement in 1979 that Hong Kong would carry out its obligations as a place of first asylum (para 12) would appear to impose a political and moral commitment, is there a technical, legal case for Hong Kong to provide asylum, if only as a temporary haven?

- Are you aware of any procedure under which Hong Kong could cease to be a place of first asylum? From my reading of the Convention and the other international agreements and resolutions cited by UNHCR their conclusion is accurate: "there is a specific duty in line with basic considerations of humanity, to admit asylum-seekers at least on a temporary basis pending identification of a durable solution". (para 13).

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Does HMG, as the party responsible for Hong Kong's external relations, and as a state party to the 1951 Convention, have any legal obligations regarding refugees and asylum seekers in Hong Kong?

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