If you do not leave Hong Kong and are found to be an economic migrant, you will be detained as an illegal immigrant pending repatriation to Vietnam.
36. Mr PHAM and his family elected to enter Hong Kong and on
6 June 1989 were ordered to be detained under S.13D(1) of the
Immigration Ordinance, Cap. 115, Laws of Hong Kong. Section 13D(1) at that time read
"13D(1)
As from 2 July 1982 any resident or former resident of Vietnam who arrives in Hong Kong not holding a travel document which bears an unexpired visa issued by or on behalf of the Director may, if he has not been granted an exemption under Section 61(2), be detained under the authority of the Director in such place as the Director may specify pending a decision to grant or refuse him permission to remain in Hong Kong as a refugee or, after a decision to refuse him permission to remain in Hong Kong, pending his removal from Hong Kong.
(2) Every person detained under this section shall be
permitted all reasonable facilities to enable him to obtain any authorisation required for entry to another state or territory or, whether or not he has obtained
such authorisation, to leave Hong Kong."
37. S.13D in this form was enacted in 1982. It does not apply to
anyone found to be a refugee. It applies to those seeking refugee status before the refugee adjudication procedure is complete and it applies to those found not to be refugees after adjudication is completed until their removal to Vietnam.
38. The reference to S.61(2) was not applicable to Mr PHAM. S.61(1) relates to a requirement of a travel document to have a
valid visa and S.61(2) relates to a power of exemption from this requirement.
Arb.Det