TNAG-2068-FCO40-2946-Vietnamese-boat-people-and-the-Legislative-and-Executive-Cou-1990 — Page 6

against his will, however, could be a contravention of Article 7 of the International Covenant on Civil and Political Rights, which it is proposed should be included in a Hong Kong Bill of Rights.

Proposed Strategy for 1990

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A central objective of Government's policy has been to deter boat people from travelling from Vietnam to Hong Kong. Experience over recent years has led us to conclude that it is only the repatriation of non-refugees which will make it clear to potential boat people in Vietnam that there is no point in travelling to Hong Kong in search of resettlement. Ending first asylum without arrangements for large scale repatriation is unlikely to be a fully effective deterrent. We believe, moreover, that mandatory repatriation will not only complement but will also stimulate voluntary repatriation; a process which the Government should continue to support wholeheartedly.

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the

It has to be emphasised that we are entirely dependent on the co-operation of the Vietnamese government for establishment of a large scale repatriation programme. Our assessment is that the balance of advantage lies in pressing for such a repatriation programme within the framework of the CPA. It is therefore recommended that the approach outlined in paragraphs 7 - 12 be adopted for dealing with new VBP arrivals from Vietnam in 1990. The details have yet to be finalised but if this approach is generally accepted, the following implications should be noted

(a)

(b)

(c)

(d)

early discussions with the Vietnamese Government will be necessary to address the critical issues of repatriation by sea and the reception capacity in Vietnam. It is difficult to judge how quickly the Vietnamese will be prepared to move on this issue but there would almost certainly be a price;

the Vietnamese government will have to be pressed to agree that they will accept all non-refugees returned, be

they voluntary, acquiescent or

resistant;

the

it may be necessary to introduce an amendment to rules governing the submission of representations to the review boards against the Director of Immigration's decision not to grant refugee status. The present 28 day rule should be shortened if the rate of new arrivals in the spring and early summer made this necessary to avoid a backlog building up in the detention centres; and

although suitable ships have been identified, negotiations for purchase or lease are at an early

stage.