TNAG-1918-FCO40-2722-Hong-Kong-Vietnamese-refugees-legal-aspects-1989 — Page 16

CONFIDENTIAL

(e)

(f)

(g)

However, the enforced return of VBPS from Hong Kong to Vietnam could put us, again, in breach of our obligations under the Covenant, e.g.

to the extent that it could be shown that we knew there was a serious risk that they would be persecuted on their return (cf the Tamils). Any return arrangements would therefore need to take account of, and minimise, this possibility.

Our performance of our obligations under the Covenant is overseen by the Human Rights Committee. We are due to submit a report on our observance of the Covenant in respect of Hong Kong in August; the report is likely to be examined later in the year or early next year;

There is also the possibility of another party to the Covenant lodging a complaint against us in the Human Rights Committee for failing to observe our obligations under the Covenant. Some 22 States would be in a position to do this: most of them would probably be disinclined to take such a step, but if the circumstances became truly horrific (e.g. VBPs drowning by the boat-load off Hong Kong) anything

might be possible.

CONFIDENTIAL

Awatts

A D Watts