TNAG-1917-FCO40-2721-Interdiction-of-Vietnamese-refugees-at-sea-1989 — Page 58

CODE 18.77

Reference....

HIK

243/3

AF-3/4

Mr Hoare HK&GD WH 312

CONFIDENTIAL

HONG KONG: CLOSED CAMPS:

1.

YOUR MINUTE OF 2 NOVEMBER

My answers to your questions are as follows:

(a) No. Even if the refugees understood and accepted

these conditions they would be entitled to e: pect that they would only be imprisoned in closed camps in a manner which was consistent with their human rights.

(b) If the inmates were in principle and in fact free to come and go as they pleased, although required to accept the camps as their residence, this would avoid those human rights rules which relate to imprisoned persons. If they were neither imprisoned nor subjected to prison discipline while in the camps, this would, as we explained to Mr Griffiths on 13 October, remove those breaches of the Covenant to which we have drawn attention.

(c) It is not the type of staff which matters but the way in which they are required to behave or do behave.

The questions in your paragraph 3 should be put to Treaty Section of N&T Dept.

2.

7 Burrows

3 November 1982

cc: Mr Edwards, Legal Advisers

CONFIDENTIAL

F Burrows

Legal Counsellor