BACKGROUND

Screening

1.

The Amnesty report claims that shortcomings in the screening process for Vietnamese asylum-seekers remain. Both we and UNHCR believe the procedures to be thorough and fair. They were evolved with the cooperation of,

and are fully monitored by UNHCR.

There is a full appeals procedure conducted by an independent Review

Board. UNHCR reviews each case which is finally screened out. No-one UNHCR considers to be a refugee is sent back to Vietnam. Some 14% of asylum seekers are screened in after initial interview,

rising to around 20% after appeal.

Shek Kong Incident

2.

The Amnesty International report refers to allegations that an asylum-seeker, Mr Tran Van Cong, died after being assaulted by the police, during a search of the Shek Kong detention centre in July

1989.

3. Following the search, 143 allegations of assault were made against the police. An investigation team from the Complaints Against the Police Office (CAPO) subsequently substantiated 41 of these, but as none of the police officers could be positively identified, the Hong Kong Attorney General's Office advised that no criminal proceedings should be instituted. In the course of their investigations CAPO, did, however, identify 8 police officers against whom allegations of neglect of duty could be substantiated: these are to be subject to disciplinary proceedings.

Admonitory

entries were also entered in the records of a further 44 police

officers.

4. An investigation into the death of Mr Tran Van Cong was carried out by a dedicated police task force. At an inquest between 19 February and 7 March 1990, their report was considered by the Coroner and a jury. An open verdict was returned with no riders.

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