TNAG-2068-FCO40-2946-Vietnamese-boat-people-and-the-Legislative-and-Executive-Cou-1990 — Page 5

nearby and boat people would be unlikely to turn back to Vietnam after having been refused entry to Hong Kong. Many, perhaps most, would simply keep trying to enter Hong Kong, while others might deliberately sink their boats. Apart from humanitarian considerations, there must be serious doubts as to whether it would be possible to implement such a policy in practice; or

ending screening:

Many of the practical difficulties outlined in (a) above could be avoided by simply ending screening. New arrivals would be warned that they would be refused refugee status without screening and returned to Vietnam. If they still wished to enter Hong Kong they would be held in a detention centre until repatriation could be arranged. In essence, this would amount to a reversal of the 1979 Geneva Conference approach of automatically granting refugee status. Boat people from Vietnam would be treated in much the same way as illegal immigrants from China i.e. there would be an automatic presumption that they were illegal immigrants. Here again, the co-operation of the Vietnamese authorities in repatriation would be essential.

however,

CPA.

first asylum were to be abandoned or suspended, above would seem to be the more practical approach. strengthen the deterrent message by cutting off all resettlement and it would bring the policy on VBP into line with the policy on Chinese illegal immigrants. But it would also mean that Hong Kong would, in effect, be withdrawing from the

The pressures for permitting access to resettlement for some on humitarian grounds, e.g. for family reunification, would become intense. There would be widespread international criticism and it is possible that some resettlement countries would suspend their resettlement programmes for might make it agreement for

Hong Kong. Hong Kong's withdrawal from the CPA more difficult to negotiate with Vietnam an regular automatic repatriation. Without such an agreement the deterrent message would not be significantly strengthened and Hong Kong would run the risk of very large numbers of Vietnamese accumulating in the territory. In such circumstances the suspension of first asylum would not have improved Hong Kong's position.

Human rights

15

seek judicial

In the absence

Immigration to

of a

screening procedure, a VBP could review of a decision by

by the Director of refuse him permission to remain in Hong Kong on was a genuine refugee. To repatriate a

the grounds that he

CONFIDENTIAL