TNAG-1917-FCO40-2721-Interdiction-of-Vietnamese-refugees-at-sea-1989 — Page 45

GPS 410

CONFIDENTIAL

(178)

CONFIDENTIAL

FM HONG KONG 26095OZ AUG 82

TO PRIORITY FCO

TELEGRAM NUMBER 935 OF 26 AUGUST

INFO HONG KONG GOVT OFFICE LONDON

753

YOURTELNO 570 OF 23 JULY.

VIETNAMESE REFUGEES : CLOSED CAMPS.

HKK

No

CSE

3/9

SIR PATRICK WALL'S PQ ON 26 JULY ON HUMAN RIGHTS IN CLOSED CAMPS,

AND MR RIFKIND'S REPLY, DID BRIEFLY ENCOURAGE SPECULATION THAT

HONG KONG'S POLICY MAY CONTRAVENE HUMAN RIGHTS AND MAY THEREFORE

REQUIRE AMENDMENT. SIR PATRICK AMPLIFIED HIS VIEWS IN A

TELEPHONE CALL TO A HK RADIO PROGRAMME ON 30 JULY.

2. WE HAVE ANSWERED SUCH SPECULATION BY EMPHASISING THAT:

A(A) WE DO NOT CONSIDER OUR LEGISLATION TO REQUIRE FURTHER

CLARIFICATION FOR THE AVOIDANCE OF DOUBT'

(B) RELEVANT HUMAN RIGHTS INSTRUMENTS WERE FULLY TAKEN INTO

ACCOUNT WHEN LEGISLATION WAS DRAFTED.

(C) IMPLEMENTATION OF THE REVISED POLICY IS BEING CLOSELY MONITORED

AND CHANGES WILL BE CONSIDERED AS NECESSARY.

3. WE CONTINUE TO HOLD THIS LINE, THOUGH THERE IS NO LONGER

ANY MEDIA INTEREST IN THE SUBJECT. PUBLIC OPINION IS IN FAVOUR

OF MAINTAINING THE PRESENT POLICY TOWARDS REFUGEES, OR VEN

STRENGTHENING IT. PERSONS ARRIVING FROM VIETNAM ARE IN LEGAL

TERMS ILLEGAL IMMIGRANTS WHO SEEK TO ENTER HK WATERS AFTER DUE

WARNING THAT THEY WILL BE DETAINED IF THEY DO SO. IN THESE

CIRCUMSTANCES WE FEEL STRONGLY THAT THE INTRODUCTION OF A PROCEDURE

FOR THE COURTS TO REVIEW THE MERITS OF DETENTION WOULD BE INAPPROPRIATE.

4. THE LOCAL UNHCR OFFICE WAS CONSULTED ON CLOSED CAMP CONDITIONS

BEFORE THEIR INTRODUCTION, AND UNHCR REPRESENTATIVES HAVE VISITED

ALL CAMPS AND HAVE CLOSELY MONITORED CONDITIONS. THEY HAVE

EXPRESSED THEIR SATISFACTION AT THE WAY THEY ARE BEING MANAGED

AND THEY WILL BE MAINTAINING A REGULAR PRESENCE IN THE CAMPS

FOR SCREENING AND DOCUMENTATION PURPOSES.

5. I SHALL BE REPORTING SEPARATELY ON THE SITUATION SINCE CLOSED

CAMPS WERE INTRODUCED. ARRIVALS IN JULY WERE 1,613, THE HIGHEST MONTHLY ARRIVAL FIGURE SINCE JULY 1979, AND NEARLY 50 PER CENT OF TOTAL ARRIVALS IN THE REGION. SO FAR NEARLY 1,000 HAVE ARRIVED IN AUGUST. THIS INFLOW IS MAKING HEAVY DEMANDS ON

SECURE ACCOMMODATION.

YOUDE

MINIMAL

HK & GD

24311

COPIES TO

MR BURROWS

LEGAL ADVISERS

HONG KONG GOVERNMENT OFFICE, LONDON

CONFIDENTIAL

AP319

ASIE DE CERSANIT KE TENERA M

Page 45Page 46