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MDLIAN 0118
4.2 AS REGARDS THE QUESTION OF STATUS, WE WOULD POINT OUT THAT THESE PERSONS WERE RESIDENT IN CHINA FOR A NUMBER OF YEARS BEFORE COMING TO HONG KONG. THERE IS THEREFORE A STRONG ARGUMENT THAT THEY HAVE IN PRACTICE BEEN SETTLED THERE.
4.3 HOWEVER, EVEN IF IT WERE THE CASE THAT THEY WERE IN CHINA FOR ALL THIS TIME AS REFUGEES IN A TRANSIT CAMP, IT WOULD NOT BE EQUITABLE FOR RESPONSIBILITY TO BE TRANSFERRED TO HONG KONG BECAUSE OF HEIR ILLEGAL MOVE TO THIS TERRITORY. WE SEE RESONSIBILITY REMAINING WITH CHINA UNTIL THEIR RESETTLEMENT, JUST AS WE WOULD TAKE BACK ANY REFUGEE FROM ONE OF OUR CAMPS WHO ENTERED CHINA
ILLEGALLY.
4.4 WE UNDERSTAND THAT THE UNHCR REGARD THESE CASES AS REFUGEES FROM WHOM A DURABLE SOLUTION HAS NOT BEEN FOUND AND THEY ARE PREPARED TO EXERT THEIR BEST EFFORTS TO RESETTLE THIS CASE-LOAD FROM CHINA. ALTHOUGH THEY CANNOT GIVE GUARANTEES IN RESPECT OF ALL THE FANG CHENG CASES, WE UNDERSTAND THAT, IN RESPECT OF 16 OF THE PERSONS LISTED IN GROUP III, RESETTLEMENT OFFERS ARE ALREADY AVAILABLE.
4.5 IT IS PROPOSED THEREFORE THAT THE CHINESE SIDE AGREE TO TAKE BACK ALL THESE CASES FOR RESETTLEMENT PROCESSING IN CHINA.
5.
IN RESPECT OF THE ONE CASE IN GROUP II, WE SHOULD BE GRATEFUL FOR CLARIFICATION ON THE CHINESE SIDE'S REASONS FOR REJECTING THIS
CASE FOR REPATRIATION.
WILSON
YYYY
ΜΑΙΝ
118
VIETNAMESE REFUGEES IN HK
DISTRIBUTION
121
LIMITED
HKD
SEAD
UND
LEGAL ADVISERS
PAGE
ECD (E)
SPD
FED
NEWS
PS/LORD GLENARTHUR
PS MR EGGAR
2
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