Kong. Were they legally in Hong Kong their detention would be justified by the need to protect national security and public
order. This is further assessed below.
57.
Can it be said to be arbitrary in the sense that an individualized decision has to be made in respect of every
person?
58.
Since 16 June 1988, refugee screening processes monitored by UNHCR have been in place. The results of this, which are not influenced by preconceptions in respect of the proportion who are genuine asylum seekers, show that only 17% are found to be genuine asylum seekers who meet the criteria of the 1951 Convention and the 1967 Protocol (which do not apply to Hong Kong). The criteria are not applied under these instruments but under an agreement with UNHCR dated September 1988.
59. No territory in the modern world will adopt an unrestricted policy allowing aliens a right to migrate and settle there to improve their economic position. In respect of illegal immigrants in this category, there will be a right to remove or deport and provision for their detention pending removal or deportation. To detain in such circumstances does not breach human rights and is not arbitrary.
It is necessary to protect the territory and its lawful residents. Nor will such detention be arbitrary because it is not individualized.
60. Experience shows, generally, and it is correct in the context of those coming irregularly to Hong Kong from Vietnam, - that economic migrants will claim political asylum without regard to the validity of such a claim if it is perceived (as
it is) that this may assist them in their migration. In general terms, it is increasingly accepted around the world that such claims should not alter their position as illegal immigrants. If they are investigated and found to be refugees it is then appropriate to change their status. In Hong Kong, under the first asylum policy, this means that they are given
Arb.Det