TNAG-1917-FCO40-2721-Interdiction-of-Vietnamese-refugees-at-sea-1989 — Page 12

CODE 18.77

Mr Edgar HK&G Dept

Reference....

JONFIDENTIAL.

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MPR

13/10

HONG KONG: TOWING AWAY OF VIETNAMESE REFUGEE VESSELS

1.

Whether, in pursuance of Hong Kong's policy of deporting would-be illegal immigrants. they tow these vessels away from Hong Kong's territorial waters with the occupants on board the towed vessel or the towing vessel seems to me to be largely irrelevant.

2.

The important question is whether this kind of treatment can be justified at all. What. for example. would the United Kingdom Government say in answer to criticism if one of these vessels were. after being towed out to the open sea. to sink with considerable loss of life. I leave it to you and UN Dept (who should see these papers) to judge the political implications of such a situation.

3.

There may however be legal implications for the UK as well. Subject to a reservation we made at the time of signature in relation to Article 1. the International Covenant on Civil and Political Rights of 19 December 1956 (TC No 6 of 1977) applies to Hong Kong. Article 10(1) of

A

that covenant reads:

"All persons deprived of their liberty shall be treated with humanity end with respect for the inherent dignity of the human person."

(15

043

There seems little doubt that the refugees concerned would be deprived of their liberty. while being compulsorily towed away (see peregraph 17 of the draft Operational Order). The question therefore would be whether they were being treated with humanity. I note that during the tow the vessels would be refuelled. reprovisioned, and certified ng sun warthy by an officer of the Marine Department. It is moreover stated in peregraph 13 of the draft Order that

- "whether this officer must survey the vessel and assess or not. in the light of the prevailing weather conditions. or expected weather conditions, and the condition of the vessel, it could be reasonably expected to make a safe landfall at a place other than Hong Kong or the People's Republic of China (other than PRC vessels)." It would be an additional safeguard if. when assessing the vessels' seaworthiness, the officer were required to satisfy himself that it was not overloaded. If all these things were done conscientiously and efficiently it might mean that we could defend ourselves against a charge of being in breach of Article 10. But to do so with any

/degree

CONFIDENTIAL