TNAG-1918-FCO40-2722-Hong-Kong-Vietnamese-refugees-legal-aspects-1989 — Page 5

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

FROM:

DATE:

A R Paul

Hong Kong Department

19 December 1989

FILE.

HKB

243 142

RECEIVED IN REGISTRY

04 JAN 1990

DESK OFFICER

INDEX

PUISTRY

Action Taken

CC:

Private Secretary

Sir Arthur Watts, Legal

Adviser

Mr Gillmore

Mr McLaren

Mr Guy, SEAD

Mr Brenton, UND

Mr Burns, News Department

Mr Gregson, PRU

PS/Mr Maude

VIETNAMESE BOAT PEOPLE: INTERNATIONAL LAW

1.

Please refer to your minute of 18 December. I attach my minute of 30 November which contains the original advice on this point following consultation with our Legal Advisers. From this you will see that the advice we gave was to use the formula "customary international law". Sir Arthur Watts minuted on 19 December because he was concerned that this formulation might in practice prove something of a mouthful to deliver in the House, and could give rise to misunderstanding. He therefore proposed the simpler, but also

correct formula "under international law".

2. I have spoken to Mr Edwards, who has confirmed that the formula in the Department's original advice is correct, but is also consistent with the formulation in para 3 of Sir Arthur Watts'

minute of 13 December.

BODAAH

AR Ranc

A R Paul

7

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