TNAG-1917-FCO40-2721-Interdiction-of-Vietnamese-refugees-at-sea-1989 — Page 30

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CONFIDENTIAL

ANNEX E

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This Annex sets out the relevant provisions of the 1951 U.N. Convention relating to the Status of Refugees and considers whether or not the proposed domestic laws are in breach of it: term. Britain is a signatory but it has not been tended to Hong Kong so that in fact it has no legal force here. But even though Hong Kong is not bound by it, it may be argued by come to have some moral force. In 1967 a deliberate policy decision was taken not to extend the Convention to Hong Kong, an it has been ratified by very fe Asian countries.

2. Set out at th end of thi Annex as Schedule 1 are the Articles in the Convention relating to "Wage-Earning Employment" (Article 17), "Public Education" (Article 22), "Freedom of Movement" (Article 26), "Refugees Unlawfully in the Country of Refuge" (Article 31), "Expulsion" (Article 32), "Frohibition of Expulsion or Return" (Article 33).

3.

Article 17 "Wage-Earning Employment"

There is no obligation to permit refugees any greater right to work than "the most favourable treatment accorded to nationals of a foreign country...." Work permits are only given to cuch nationals when a clear benefit to Hong Kong can be shown. The same rule could be applied to refugees and prevent their working.

4.

Article 22 - "Public Education"

Elementary education has to be provided for refugee children in the camo ay as for nationals. Education beyond

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that level has to be provided which is "not less favourable than that accorded to aliens generally". Aliens in Hong Kong in fact have no rights to further education at the public expense; nor therefore do refugees.

5.

Article: 26 and 31:

"Restriction on Movement"

Th. Convention applies both to countries of first resort and to those of re-settlemcrit. This consideration is important when deciding the comparative applicability of Article 26 (rofugees "lawfully in its territory" shall be permitted to choose their place of residence and to move freely) as compared with Article 31 ("necessary" restrictions may be imposed on the movement of refugees until their status i "regularised").

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