interception (in Vietnamese) of the policy of detention, screening, etc (see paragraph 35).
33. As a normal practice, Vietnamese migrants are called for interview according to their date of arrival. In May 1991, Mr PHAM was due to be so called. However, just before his scheduled interview the immigration authorities were advised that he had escaped from detention. He did not return to the camp until 10 May 1991. In November and December 1991, Mr PHAM failed to respond to calls for interview on no fewer than three occasions. His wife failed to appear for interview eight times between April and December 1991.
34. On 23 and 24 December 1991, Mr PHAM finally responded to the call for interview on his claim for refugee status. Following
consideration of his case, Mr PHAM was screened-out as a
non-refugee by the Immigration Department in Hong Kong. His appeal to the Refugee Status Review Board was also rejected in June 1992. In April of this year, the UNHCR considered Mr PHAM's application for refugee status under their mandate and they concluded that there were inadequate grounds for exercising their mandate to declare the applicant a refugee. Mr PHAM was informed
of the UNHCR's decision on 28 April 1993.
35. While on their boat and before they elected to enter Hong Kong, the following notice was read in Vietnamese to Mr PHAM and his family:-
"There is a new policy in force in Hong Kong.
Former residents of Vietnam seeking to enter Hong Kong as economic migrants are now treated as illegal immigrants. are free to leave Hong Kong.
You
If you choose to continue your journey you will be given food and water and if necessary, your boat will be repaired.
Arb.Det