TNAG-1917-FCO40-2721-Interdiction-of-Vietnamese-refugees-at-sea-1989 — Page 72

1

CONFIDENTIAL

OFFICE OF THE CAPTAIN-IN-CHARGE

HONG KONG

BEPO 1

573

Ministry of Defence

Defence Secretariat 5

Main Building

Whitehall

London

SW1A 2HB

VIETNAMESE REFUGEES

1.

SUBA

22 July 1982

OPPOSED TOWING OF CRAFT

The enclosure is a draft operational order prepared by the Royal Hong Kong Police. Whilst the order refers to a broad spectrum of vessels the primary aim is to deal with the influx of Vietnamese Refugees.

2. In paragraph 6 the order states that "the occupants will first be removed (from their vessels) and detained on board the launch/RN vessel at scene". The question arises under International Law, whether the holding of refugees in a British vessel - either HM Ship or Hong Kong Police launch - imposes a legal obligation upon the British. Government to retain the refugees until repatriation or acceptance by another country for immigration.

3. The enforced removal of the refugees from their craft is necessary to avoid the crew sabotaging their craft whilst under tow. However once the tow is released in International waters there is nothing to stop the crew sabotaging the craft on their return. In these circumstances it is assumed that there is an obligation on the launch/RN vessel to rescue those in the water. Does this then place similar obligations upon the British Government to those mentioned in the preceeding paragraph?

4.

It is requested that advice on these questions may be given so that a reply may be made to the Hong Kong Government (Security Branch).

ماز

J

RED HOUSE

Lieutenant Commander RN for Captain

Enclosure:

1. Draft Operational Order

CONFIDENTIAL