KNIGHT & HO
SOLICITORS
2
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It has become clear during the course of the judicial review proceedings that the Hong Kong Immigration Department conducts routine investigations in Vietnam into the veracity of claims to asylum by Vietnamese asylum seekers in Hong Kong, and that Mr. Ho is a key figure in the Hong Kong Immigration Department's field investigations in Vietnam. Although Mr. Ho is а "First Secretary", on secondment to
to the British Embassy in Hanoi, it is clear this
nominal title
is for he of convenience performing
Hong Kong Immigration Officer investigatory function, as
the screening of back-up support operation to a asylum seekers Centres.
seems
a
a
by his colleagues in Hong Kong's Detention
In our view this raises difficult issues
a) for international relations between the United Kingdom and Vietnam and Hong Kong;
b) for procedural propriety;
c) for the
the way in which refugee/asylum claims are being handled by the Hong Kong Government, on behalf of the British Government;
we
As regards a) international
international relations,
feel that this is a matter which should be of direct concern to the Foreign and Commonwealth office. We also ask, does the Ministry of Foreign. Affairs in Vietnam know about the British Embassy's role in the Hong Kong Immigration Department field investigations?
This has important consequences for the likely attitude of the authorities to the home visit. If it is not approved, would it be seen an unfriendly act for Britain to use its Embassy as a cover for gathering evidence in support of claims by exiles to persecution in Vietnam? To put the matter into clear context, how would China react if it appeared that the British Embassy in Peking sent its First Secretary to the home of an overseas dissident, in order to gather evidence in support of the latter's claim to asylum in London? The fears of the Applicants for their relatives would have some foundation on that hypothesis.
If the Vietnamese Government was not aware of and had not consented to or approved of the Hong
Hong Kong investigation, it raises serious concerns for the well being of the Applicants' family, who may be victimized on account of the British Embassy action. In our view, this matter requires clarification.