TNAG-1971-FCO40-2804-Hong-Kong-Vietnamese-refugees-repatriation-1989 — Page 53

Mr

Paul

'RM

12/4 CONFIDENTINED 243/9

Miss Marsom Mr Foodman 13/4

Hayn

Mr Hasy 134

アレ Plspcak

RI

From: A R Brenton

United Nations Dept

Date: 12 April 1989

146

✓ 1/4

12

Cc: Mr Slater

Mr McLaren

Mr Colvin, SEAD

VIETNAMESE BOAT PEOPLE IN HONG KONG

1.

Thank you for showing me your draft submission, which we have since discussed. I agree that the situation regarding the rate of new arrivals is serious.

2.

I am afraid that, as seen from UND, there are strong objections to our taking a more forward line on involuntary repatriation. Firstly, as you yourself point out, the UNHCR would undoubtedly resist and, when our idea became public, might well be forced to take a firmly negative public position which would then block all prospects for further porgress involving them. Secondly there is the likely impact on our reputation in the human rights field. The comparisons with Cossacks etc may, in strictly legal terms, be inaccurate but they would nevertheless be tellingly made. I note too (Bangkok telno 255) that Vietnam has so far explicitly declined to commit itself to any waiver on behalf of involuntary returnees of its law prohibiting illegal departures. In these circumstances we simply invite a hail of domestic and international criticism if we start talking in public about compelling Vietnamese Boat People to return to the tender mercies of their home Government. And, however firm our position in law might be, our political standing to intervene effectively on behalf of victims of human rights abuse elsewhere in the world could be severely weakened.

3.

It may also be relevant that, under Article 3 of the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, States Parties undertake not to return a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture. The United Kingdom's ratification of this Convention will shortly be extended to Hong Kong.

MONAAL

CONFIDENTIAL

/4.