FROM:
DATE:
Scentos of State May wish to see briefed No. 10. accordgly.
A R Paul
Hong Kong Department
30 November 1989
Day.
Mfait, HID
Thankyou
Mr Stone
и
Bly
~ 4/12
Mr Haswell 4/12
11/12
CC:
PS/Mr Maude
Mr Gillmore
Mr McLaren
HKB
343
142
1/12
Mr Colvin SEAD
Private Secretary
Mr Brenton, UND
Mr Burns, News Dept
Mr Gregson, PRU
Mr Edwards, Legal Advisers
VIETNAMESE BOAT PEOPLE: INTERNATIONAL LAW
1 You told me this morning that the Prime Minister has asked to
know the position in International Law regarding the obligations of
states to take back their own citizens
2.
I am advised that the position is:
(a) As far as non volunteers are concerned, it is a matter of
customary international law that states must take back those of its own citizens who are deported as illegal immigrants. There
is no international legal instrument that obliges states to do
this.
(b) As far as volunteers are concerned the International
Covenant on Civil and Political Rights (Article 12(4)) states
that "no one shall be arbitarily deprived of the right to enter
his own country". Vietnam is a party to the Convention, having
acceded in 1982.
4.
I recommend that we take the following line in public if asked about this point:
"There is a duty on states as a matter of customary
IMPAAQ
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