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HKG REPLY TO UNHCR, 27.2.89.

The Hong Kong Government presents its compliments to the Office of the United Nations High Commissioner for Refugees and has the honour to refer to the High Commissioner's Note of 3 February 1989. The Note concerned the procedure for the determination of refugee status adopted by the Hong Kong

Government.

The Hong Kong Government shares the UNHCR's concern to ensure that the status determination procedures in Hong Kong are operated in accordance with the agreed guidelines. The Statement of Understanding concluded in September 1988 reaffirms this commitment and, inter alia, provides for close co-operation between the parties in monitoring these procedures. The Hong Kong Government values its

cooperation with UNHCR officials in monitoring the status determination procedures and in rectifying any apparent

shortcomings.

Officials representing UNHCR have drawn attention to four cases and expressed concern that status determination in those cases may be incorrect. In accordance with the procedure set out in the Statement of Understanding, these cases will now be reviewed by Security Branch and Immigration Department officials in the light of any additional information and comments from UNHCR. Any further cases in respect of which additional information is provided or representations made will be reviewed in accordance with the same procedure as quickly as possible.

The Hong Kong Government believes that it has UNHCR support both in rejecting any suggestion that it should meet any sort of quota when determining refugee status and in insisting that every case must be determined on its own merits in accordance with the UNHCR guidelines. UNHCR has expressed concern about the rate of positive decisions in the cases so

far determined. It needs to be remembered that the great

majority of Vietnamese asylum seekers currently in Hong Kong are from the northern part of Vietnam. There has been a

/significant

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