CONFIDENTIAL
НКВ 273 122
RECEIVED IN
BY
22 FEB 1990
CONFIDENTIAL
FM HONG KONG
TO IMMEDIATE FCO
TELNO 394
DEST
OF 01100OZ FEBRUARY INDEX
asia d
A
073515
MDHIAN 4791
YOUR TELNO 249: VIETNAMESE BOAT PEOPLE: LEGAL AID
·
1 WE CONFIRM THAT VBPS ARE NOT EXCLUDED FROM LEGAL AID UNDER THE LEGAL AID ORDINANCE (CAP 91) PROVIDED THAT:
(A) THEY SATISFY THE USUAL FINANCIAL ELIGIBILITY CRITERIA:
(B) SHOW THAT THEY HAVE REASONABLE GROUNDS FOR TAKING THE PROCEEDINGS: AND
(C) THAT THE PROCEEDINGS ARE THOSE FOR WHICH LEGAL AID IS AVAILABLE.
2. THE PROCEEDINGS WHICH QUALIFY FOR LEGAL AID INCLUDE CIVIL PROCEEDINGS IN THE HIGH COURT, THE COURT OF APPEAL AND THE PRIVY COUNCIL. LEGAL AID IS NOT THEREFORE AVAILABLE FOR INITIAL SCREENING OR REVIEW BY THE RSRB BUT IT MIGHT BE AVAILABLE FOR JUDICIAL REVIEW.
3. NO PROCEEDINGS HAVE AS YET BEEN SERVED UPON US ON BEHALF OF THE NINE VBPS, BUT WE ASSUME THAT THEY WILL SEEK JUDICIAL REVIEW OF EITHER THE INITIAL DETERMINATION OF THE IMMIGRATION OFFICER OR THE DECISION OF THE REFUGEE STATUS REVIEW BOARD IN EACH CASE. WE DO NOT CONSIDER THAT SUCH AN APPLICATION WOULD HAVE MUCH PROSPECT OF SUCCESS: THAT MAY BE THE REASON WHY NO PREVIOUS CHALLENGE HAS BEEN MOUNTED. IT IS ALSO POSSIBLE THAT THE CHALLENGE IS NOW BEING FINANCED IN PART FROM OUTSIDE HONG KONG. SUCH FUNDS WOULD NOT BE TAKEN INTO ACCOUNT WHEN ASSESSING THE LEGAL AID ELIGIBILITY OF AN INDIVIDUAL VBP.
WILSON
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