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6. Article 26 applies to refugees "lawfully in" a territory. This is so where they have obtained prior authorisation to enter a territory (e.g. on re-settlement) with the same or better status than other aliens. Also where a country of first resort "regularises their status" (see Article 31) by according them such a status.
7. Article 31(1) prevents the imposition of penalties for illegal entry in the case of refugees arriving directly
who present themselves without delay to the authorities to seek authorisation. This does not prevent prosecution of those who organise etc. the illegal entry of others.
8.
Article 31(2) allows "necessary" restrictions to be
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applied to "such refugees", but only until "their status is regularised.....' What is meant by "regularised"? Arguably it may mean until the refugee's unlawful entry or presence is brought within the law by conditional permission to remain pending resettlement; and that consequently at that stage necessary" restrictions on movement must cease. But the better view is that regularisation of status means the giving to such refugees the same status as, for instance, aliens (cf. authorising the presence as opposed to status of the refugee in Act 31(1)). This we do not do; we merely permit refugees to remain temporarily in Hong Kong as a refugee until departure for re-settlement overseas or until such date as is specified by an Immigration Officer. Consequently until such refugees are accepted for re-settlement overseas (or within this community in the same way as in a country of re-settlement), "necessary" restrictions may continue to be imposed despite the grant of conditional permission to stay. Common sense supports the latter construction for it would be a strange and harmful effect of the Convention if countries accepting refugees in their thousands pending re-settlement should not have the right to protect the interests of their own citizens by restricting the movement of such refugees and containing them, where necessary, in camps.
9.
Articles 32 and 33
"Expulsion"
A distinction is drawn between Article 32 ("a refugee lawfully in the territory") and Article 33 ("any refugee").
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