TNAG-1905-FCO40-2709-Hong-Kong-Vietnamese-refugees-voluntary-and-mandatory-repat-1989 — Page 401

CONFIDENTIAL

HKB 2+3/9

?

CONFIDENTIAL

FM FCO

TO PRIORITY HANOI

TELNO 207

OF 051005Z JUNE 89

INFO PRIORITY HONG KONG

50

TOP COPY Q DIST ?

(27)

160113 MDLOAN 0980

-245/45

YOUR TELNO 50 TO HONG KONG AND HONG KONG TELNO MISC 348 TO HANOI:

VIETNAMESE BOAT PEOPLE

1. HONG KONG SUGGESTED (LAST SENTENCE OF PARAGRAPH 5 OF SECOND TUR) THAT WE MIGHT WISH TO COMMENT ON THE INTERNATIONAL

IMPLICATIONS.

·

HONG KONG ARE, OF COURSE, CORRECT TO POINT OUT THE INADMISSIBILITY OF USING DEPORTATION AS NEXT TWO WORDS UNDERLINED DE FACTO EXTRADITION. WHILE OUR DIFFICULTIES IN RETURNING NON-REFUGEE ORGANISERS TO VIETNAM WOULD IN ESSENCE BE THE SAME AS THOSE RELATING TO NON-REFUGEES GENERALLY WHO MAY HAVE TO BE RETURNED, THERE IS, OF COURSE A PARTICULAR PROBLEM IN RESPECT OF THE ORGANISERS BECAUSE WE WOULD KNOW THAT THEY ARE LIKELY TO BE TREATED HARSHLY ON THEIR RETURN. IN THIS CONNECTION WE HAVE IN MIND OUR OBLIGATIONS UNDER THE UN COVENANT ON CIVIL AND POLITICAL RIGHTS (EXTENDED TO HONG KONG), IN PARTICULAR THOSE ARISING IN ARTICLES 7,9,10 AND POSSIBLY 6. AS A MINIMUM, WE WOULD NEED TO OBTAIN FROM THE VIETNAMESE SOME SATISFACTORY ASSURANCES CONCERNING REASONABLE TREATMENT, FAIR TRIAL AND SO ON AND, HONG KONG POINT OUT, THESE ASSURANCES WOULD BE UNLIKELY TO FORTHCOMING, OR, IF THEY WERE, WOULD BE LIKELY TO BE BROKEN WITH ALL THE IMPLICATIONS THAT MIGHT CARRY FOR THE PROPOSITION OF RETURNING ALL THE SCREENED-OUT PEOPLE. 3. IN THE CIRCUMSTANCES WE AGREE WITH THE CONCLUSION IN PARAGRAPH 5 OF THE SECOND TUR. THE BEST LINE WOULD BE THAT HONG KONG WISHED TO DEPORT OR RETURN TO VIETNAM ALL NON-REFUGEES, REGARDLESS OF WHETHER THEY ARE ORGANISERS OR NOT (PARAGRAPH 2 OF HONG KONG TELNO MISC 339 TO HANOI).

AS

4. GRATEFUL IF YOU COULD TRY TO ESTABLISH THE TERMS IN WHICH OTHER RECIPIENTS HAVE REPLIED TO THE MFA NOTE. WOULD IT, IN FACT, BE NECESSARY TO REPLY TO THIS PARTICULAR PART OF THE NOTE IN SPECIFIC TERMS OR AT ALL?

HOWE