XCC(82)54
23
It would be the intention to seek to recover some of these costs (i.e. items (a) to (e) from the UNHCR. The UNHCR does not however reimburse Governments for Government- employed staff. It also might be possible to arrange for the provision of medical services by voluntary agencies such as the Red Cross or Save the Children Fund. The provision of CAS support would be an optional extra depending upon the degree of management and control found to be necessary. If it were decided to provide a skeleton Camp Management and staff to man the perimeter fence, only the staff costs would be reduced from $16 million to say $3.5 million.
Summary of Costs
24
Thus the costs for establishing a new camp for 5,000 refugees would be of the order of:
Capital costs
$12.6 million
Annually recurrent costs
Staff
$16.0
Other
$17.0
Total
$45.6 millión
Legal Aspects
25
The Attorney General's Chambers advise that legislation would be necessary if the closed camp option were to be agreed. This is because after refusal of "permission to land" is given under section 11 of the Immigration Ordinance (Chapter 115), there is only a very short-term power to detain pending a decision under section 13A whether or not to "permit the refugee 7 to remain in Hong Kong pending resettlement", and no power to detain (save for the immediate purpose of escorting aboard a vessel or aircraft) if permission to remain under section 13A be refused. (As a matter of policy, in the case of refugees, the Attorney General has always decided not to prosecute for the crimes of illegal entry committed in entering Hong Kong.)
26
The legislation for closed camps would have also to provide a disciplinary code for their administration; though this would follow Prison Rules as far as possible, such a code must provide for sanctions, but preferably without nominating any breach as a criminal offence, so as not to militate later against possible resettlement. Serious offences against the criminal law would be prosecuted in the normal way, as is done at present.
27
In addition, there may have to be provision to permit refugees who have been detained to have the right voluntarily to "move on" in boats from Hong Kong should they so desire and this is agreed.
CONFIDENTIAL
機密