DRAFT

Annex A

Statement of an Understanding reached

between the Hong Kong Government and Representative

of the UNHCR concerning the Care of Asylum Seekers

arriving from Vietnam in Hong Kong

1

The Hong Kong Government

notwithstanding the heavy burden

reaffirms that,

placed upon the

Territory by the sudden influx of people from Vietnam,

all refugees will be handled according to UNHCR

guidelines and will have access to resettlement. It

further reaffirms its undertaking that the procedure for

determining refugee status will be in strict accordance

with UNHCR guidelines appended

the 1951 Convention

and 1967 Protocol relating to

to the

the status of refugees.

It further states its commitment

to detaining those

asylum seekers determined by this procedure to be

illegal immigrants in conditions as reasonable and

unrestricted as resources and the law allow,

allow, pending their repatriation to Vietnam. The Hong Kong Government will also make every effort to improve gradually the

accommodation conditions for all Vietnamese and when

resources allow.

2

The UNHCR, while expressing its understanding

of the administrative difficulties faced by the Hong

Kong Government, declares its

declares its concern for and interest

in the fate of all asylum seekers arriving from

Vietnam. It reaffirms its responsibility to ensure the protection of all asylum seekers arriving from Vietnam.

In pursuit of that responsibility the UNHCR affirms its wish to participate in their care in Hong Kong and in the procedures for the determination of refugee status, in order to satisfy itself that the Hong Kong Government

is fulfilling its undertaking to abide by established

and accepted UNHCR guidelines.

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