TNAG-1917-FCO40-2721-Interdiction-of-Vietnamese-refugees-at-sea-1989 — Page 24

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to be extended to Hong Kong shortly.

ratification of the former, the UK reserved the right to continue to apply such immigration legislation governing entry to dependent territories as it deemed necessary. Under Article 7 however (copy attached) there is a general obligation concerning subjection to torture or to cruel, inhuman or degrading treatment as punishment. Returning refugees to the high seas could be deemed to constitute inhuman or degrading treatment. In the context of returning those screened out to Vietnam involuntarily and without suitable safeguards From Vietnam on their treatment on return, there could again be difficulties regarding torture (although the primary breach in this event Would be by Vietnam, which 1 S also a party to the Covenant).

6.

-

or

return

The Torture Convention in its article 3 (copy also attached) contains a more specific obligation in this respect

no state party shall expel

a person to another state where there are substantial grounds for believing that

torture. The he/she would be in danger of being subjected to obligations under these conventions would have to be borne in mind in any change of UK policy.

arisen

in

a

7. I have discussed the origin of the idea of first asylum with Mr Haswell, HKD. The idea seems to have UNHCR Executive Committee meeting in the

the late 1970's. It was subsequently enshrined in the agreements reached at the 1979 Conference on Indo-Chinese Refugees. These agreements

not, as far as we understand, formally signed.

were

16 May 1989

Cc: Mr D Edwards

Mr J Rankin

Mr Haswell HKD

Ms Corner,

J

SEAD

R Gwynn

United Nations Department K 155

270 2497

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