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Options available are thus severely limited. considered the following two possible options :-
(a) Detention of all new arrivals as illegal immigrants from a current date without access to resettlement processing pending their return to Vietnam.
(b)
Screening all new arrivals criteria (not resettlement view to detaining those illegal immigrants for
Vietnam.
based on refugee criteria) with a screened. out as repatriation to
We have
Option 1 : Detention of all arrivals as illegal immigrants without screening
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This option would be the most effective in its deterrence if it could be implemented without reservation. But it would almost certainly have to be combined with some assurance that those who would face physical danger or persecution on return to Vietnam would not be forced to return when this became possible. (There would be pressure also to treat such people as refugees and allow them to be resettled in third countries.). It would be difficult to keep such an assurance private and the deterrent effect of the policy as a whole could be seriously undermined as a result. The security and public relations implications of keeping such people in detention indiscriminately (and in growing numbers if boat arrivals continued) would be considerable. UNHCR feels strongly that there is no basis for detention of all arrivals as illegal immigrants in the absence of a procedure to determine the status of arrivals and this is of concern to Ministers in the U.K. Criticism from local and international humanitarian groups would probably be vocal and severe and would be echoed in Parliament. Such a course could well have serious implications for Hong Kong's international reputation and relations with other countries notably the USA in other
areas.
C
Option 2 Detention as Illegal Immigrants following Screening
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This option is recommended as the proposed new policy. It is likely to be acceptable at least in principle, to most of the major resettlement countries, although the Americans will have reservations. Under this option, all boat arrivals from Vietnam would, as of a date to be fixed,
fixed, be screened under a procedure agreed with UNHCR and HMG.
They would need to satisfy the Immigration Department, which would be doing the screening, that they were refugees as defined in the refugee criteria specified in the 1951 Convention (Annex C).