ادا

GUVERNMENT HUUSE HUNG KUNG

1

3-22 11:08

CONFIDENTIAL

機密

PHGE 04

vietnamese

asylum

seekers arriving in Hong Kong

after 16 June 1988 are detained pending determination of

their status. Given the large number of arrivals and the

resources made available for the task, asylum seekers

must wait on average two years before they are screened,

If they are determined not to be refugees, they are

subsequently detained pending repatriation to Vietnam.

vietnamese asylum seekers have the right of

access to legal assistance in Hong Kong and have now

begun to challenge aspects of these arrangements through

the Courts.

In one case, a group of asylum seekers,

interrupted in their journey to Japan in 1989, sought and

were granted a writ of

November 1990.

pending screening

In this

was

Habeas Corpus in a judgment in

case, the length of detention

questioned by the Court and doubt

was thereby cast on the Government's powers of detention

in other cases.

the

A further judicial review challenges

Government's power to transfer asylum seekers between

detention centres and seeks to establish that delegated

authority has

not been

will resume in April.

properly

exercised.

This case

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