TNAG-1908-FCO40-2712-Hong-Kong-Vietnamese-refugees-voluntary-and-mandatory-repat-1989 — Page 66

CODE 18-77

Mr Haswell

HKD

SECRET

Mr Colvin SEAD

435

Reference...

Mr Burns News D

Cary for mer сару

you

428

HONG KONG TELNO 3948: VIETNAMESE BOAT PEOPLE: OPERATIONAL PLAN

1.

I fully

Mr Edwards kindly copied to me his minute to you of 1 December. agree with his views and believe that there is little room for optimism that such an operation can be conducted peacefully and without publicity. Vietnamese Boat People have so far shown little inclination to go quietly when moved against their will. The numbers of people involved in the operation would, I imagine, rule out any chance that leaks would not occur at the Hong Kong end. Recent experience indicates that the Vietnamese are happy to discuss these matters with the press. In short, it seems more than likely that this operation would result in considerable accurate and adverse publicity with damaging, perhaps seriously damaging, consequences for our international reputation.

This being the case, I do not believe that we could justify such an operation while any other course of action is open to us, particularly not while reasonable numbers of volunteers await departure for Vietnam.

2.

3.

We cannot rule out the possibility that countries which are unhappy about the involuntary return of boat people might feel justified, while other options are available to us, in taking us to the Human Rights Committee under Article 41 of the International Covenant on Civil and Political Rights. This would give us the dubious distinction of being the first country ever to have been referred to the Committee by another country (only 24 countries, largely Western, have accepted Article 41).

4. Finally, I wonder whether an operation of this nature can be a desirable precedent to set on Hong Kong soil at a time when we are trying to make provisions designed to ensure that the Chinese respect the rights of the people of Hong Kong after 1997. It seems to me that a real facility for double think is required to avoid noticing the link between our treatment of Vietnamese Boat People in Hong Kong and our long term human rights objectives in that territory.

HKB

243

la

Cathene Brith

1 December 1989

CC:

Mr Edwards, Deputy Legal Adviser Mr Gillmore

Mr McLaren Mr Paul, HKD

SECRET

Catherine Britton

United Nations Department

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