CONFIDENTIAL
134535 MDLIAN 5071
CONSIDERATIONS
(PARA 9) ARE NOT (NOT) POINTS WHICH WE SHOULD ACCEPT.
THE FIRST POINT IS BUREAUCRATIC GOBBLEDYGOOK. HOWEVER WE DESCRIBE THE
NEW PROCEDURES THE TURN''SCREENING' WILL BE POPULARLY USED. BUT WE
WILL OF COURSE MAKE IT CLEAR IN FORMAL STATEMENTS THAT THE PROCEDURES
ARE TO DETERMINE REFUGEE STATUS.
6. THE SECOND POINT IS PRECISELY THE LOOPHOLE WHICH WE WISH TO CLOSE
BY THE AMENDMENT TO S. 13D (2) OF THE IMMIGRATION ORDINANCE REFERRED
TO IN OUR TELNO 2255. ACTION ON THIS AMENDMENT HAS BEEN DEFERRED FOR
THE TIME BEING BY DECISION OF THE GOVERNOR IN COUNCIL THIS MORNING.
THE REASON WAS NOT TO PROVOKE QUESTIONING IN LEGCO ABOUT WHAT WOULD
HAPPEN TO VIETNAMESE ILLEGAL IMMIGRANTS WHO HAD THE OFFER OF A FIRM
RESETTLEMENT PLACE ABROAD, AND, AS A RESULT OF THE DISCUSSION, RISK UNDERMINING THE CLARITY OF OUR MESSAGE THAT HONG KONG IS NO LONGER
A SUITABLE ROUTE FOR FAMILY REUNIFICATION CASES. NEVERTHELESS, IT
REMAINS OUR INTENTION TO DEBAR FROM RESETTLEMENT THOSE SCREENED OUR
AS ILLEGAL IMMIGRANTS. WE MUST MAKE IT ABSOLUTELY CLEAR THAT THE
ODP IS THE ONLY ROUTE FOR FAMILY REUNION. THUS ARRIVALS WHOSE ONLY
CLAIM TO RESETTLEMENT IS FAMILY REUNIFICATION WILL BE SCREENED OUR (UNDERLINED), NOT SCREENED IN AS REFUGEES. HOWEVER THE GOVERNOR IN COUNCIL WISH TO RESERVE TO THEMSELVES THE RIGHT TO RECONSIDER SUCH
CASES AT A LATER STAGE ON A LIMITED, CASE-BY-CASE BASIS.
·
7 AS REGARDS THE UNHCR'S OFFER OF TECHNICAL AND LEGAL ADVICE IN
DEVELOPING APPROPRIATE GUIDELINES FOR THE SCREENING PROCEDURE
(PARA 14) WE UNDERSTAND FROM LOCAL UNHCR CHARGE DE MISSION THAT
UNHCR HQ ARE PREPARED TO SEND AN EXPERT(S) TO HONG KONG VERY SOON TO
DISCUSS THE SCREENING AND APPEALS PROCEDURES WITH US. WE WOULD WELCOME SUCH AN INITIATIVE, PARTICULARLY SINCE THE LOCAL UNHCR OFFICE IS APPARENTLY UNABLE TO DISCUSS ANYTHING WITH US WITHOUT
FIRST GETTING A DIRECTIVE FROM GENEVA.
WILSON
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HKD
SEAD
UNO
LEGAL ADVISERS
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MR GILLMORE MR MELAREH
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CONFIDENTIAL