TNAG-1917-FCO40-2721-Interdiction-of-Vietnamese-refugees-at-sea-1989 — Page 36

710

CONFIDENTIAL

11810 - 1

OO HONG KONG DESKBY 240100Z

GRS 154

CONFIDENTIAL

DESKBY 24010OZ

HKK243/1

RECEIVED IN REGE 27 NO. 51

4

(124)

FM FCO 2315152 JUNE 82

TO IMMEDIATE HONG KONG

NO

८५७

29/6 AA29/6

ree @

TELEGRAM NUMBER 471 OF 23 JUNE YOUR TELNO 631: VIETNAMESE REFUGEES : CLOSED CAMPS. (15)

WE HAVE RECEIVED MEMORANDUM ZCC(82)74 AND HAVE BEEN ABLE

TO STUDY DETAILED PROPOSALS FOR FIRST TIME AS HAVE LEGAL ADVISERS.

WE AGREE THAT THE CONVENTION RELATING TO THE STATUS OF

REFUGEES DOES NOT APPLY TO HONG KONG. (IF IT DID, YOU WOULD ALSO NEED TO TAKE INTO CONSIDERATION ARTICLE L6, DEALING WITH FREE

ACCESS TO COURTS).

2.

3. HOWEVER THERE IS A SIMILAR PROVISION IN ARTICLE 9/4 OF

THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS WHICH

DOES APPLY TO HONG KONG. THIS CASTS SOME DOUBT ON THE PROPOSAL

IN PARAGRAPH 25(C) OF THE MEMORANDUM FOR THE SECRETARY OF

SECURITY TO DEAL WITH APPEALS AGAINST CERTIFICATION RATHER THAN

A COURT OR TRIBUNAL.

4.

YOU WILL NO DOUBT WISH TO RECONSIDER THIS PROPOSAL IN THE

LIGHT OF THE PROVISION IN THE INTERNATIONAL COVENANT.

PYM

126

127

G28

22

30

coped to m сала

VNO

Bis 24/6

NNNN

DISTRIBUTION:

LIMITED

HKGD

SEAD

UND

NEWS DEPT

PS

PS/LORD BELSTEAD

MR GIFFARD

MR DONALD

1

CONFIDENTIAL