CC:
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10 OCT 1988
D H Colvin
South East Asian Department
5 October 1988-
Mr McLaren
Mr Godson
Mr Darwin, Legal Advisers
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Mr Hum HKD
56
VIETNAMESE BOAT PEOPLE IN HONG KONG: POINTS TO BE RESEARCHED BEFORE ROUND 2
1. I undertook to look through my notes of the first round of talks in Hanoi in August to see whether there were any points which the Vietnamese made to which it would be useful to have the answer to hand next week.
2.
(i)
(ii)
•
The following points might be worth investigating:
Activities of Third Countries in Encouraging Clandestine Departures
The Vietnamese repeatedly referred to the "activities of some opponents of our country" in encouraging Vietnamese to leave. They referred to regional broadcasts in Vietnamese rubbishing Vietnam and arguing that conditions were preferable elsewhere. The clear implication was that these broadcasts emanated in China although they were careful to avoid being so specific; Humanitarian Considerations
In emphasising the importance of "voluntariness", the Vietnamese repeatedly argued that the boat people issue needed to be considered as a humanitarian, rather than a political, question. In reply to our contention that it was accepted international practice for those declared to be illegal immigrants to be returned to their country of origin, they argued that the refugee concept has been expanded since signature of the 1951 UN Convention. They referred to a 1969 OAU Declaration which added natural disaster and social disorder to the criteria permitting people to migrate beyond their country's borders. They also invoked the 1966 Convention on Civil and Political Rights. In general, they argued that human rights jurisprudence now recognised the right of people to select their place of
settlement.
It might be worth asking Peking urgently whether they have any information on (i). (ii) is the most difficult point for us and I suggest that we ask our legal advisers urgently for a clear statement of the position under international law.
4.
In summing up the first round of talks in Hanoi, Vice Minister Khoan identified the following points of agreement between the two sides: (i) the causes of the outflow of boat people were deep, complex
and long-standing;
(ii)
the Vietnamese authorities would increase their efforts to stop the outflow using materials provided by the Hong Kong Government;
CONFIDENTIAL
/(iii)..
No comments yet.
Private notes are available after approval.