PTZALM
The Screening Process
Vietnamese boat people arriving in Hong Kong after 15 June 1988 are
detained pending screening to determine their status. Immigration
Department officials are responsible for implementing the screening
procedures which have been established in accordance with UNHCR ' S
procedures and criteria for determining refugee status under the
1951 Convention and the 1967 Protocol.
The
Vietnamese boat people are interviewed by Immigration Officers on
the basis of a questionnaire previously agreed with the UNHCR.
UNHCR has the right to observe and advise on the procedure.
Immigration Officer completes the questionnaire and makes an
assessment. The file is then reviewed by a Senior Immigration
Officer who makes a recommendation on the case. The recommendation
is reviewed by the responsible assistant Director of Immigration who
makes the decision.
The person seeking refugee status is then informed of the decision.
In the event of a positive decision, he is provided with
documentation attesting his refugees status and transferred to a
refugee centre. If the decision is negative, he is informed of the
reasons for the decision and of the right to raise objections under
the Immigration Ordinance within 14 days of being notified of the
decision. He is given another 30 days to submit in writing the
grounds of objection. The UNHCR has arranged with the Law Society
of Hong Kong to provide legal advice and assistance to the
appellants in the preparation of the grounds of objection. The
availability of such assistance is also made known to the boat
person when he is informed of the decision.
Objections to the decisions are first considered by the Deputy
Director of Immigration. The UNHCR has the right to make
representations on the initial decision at this stage. The Deputy
Director may reverse the initial decision and recognise the boat person as a refugee. However, if he is satisfied with the initial
decision, he will add his comments on the case which is then
submitted to the Governor-in-Council for decision. Before the case