pending decisions under section 13A (1) to grant
or refuse them such permission were granted or refused such permission within periods shorter than the period of the person's detention."
These sections ensure that relevant considerations are taken
into account by the courts in assessing delay on these matters. They are reasonable statutory provisions.
been no challenge in the courts to them.
There has
(2) The cases of Mr Vuong Son Bach and Mr Cam Gia Ninh
68. In 1978, about 200,000 ethnic Chinese crossed the Vietnam
and China border and settled in China. This was in the period
before the Chinese invasion of Vietnam in February 1979. At
various times since, some of these have chosen to come to Hong Kong by boat. They may claim refugee status on the basis of their former residence in Vietnam but after preliminary interviews it is usually clear that they have left their place
of settlement and residence in South-west China as economic
migrants. In this they are indistinguishable from illegal immigrants from China.
69. The cases of Mr Cam Gia Ninh and Mr Vuong Son Bach are
ones where former residents of Vietnam were settled in China.
They are normally known as Ex-China Vietnamese illegal immigrants (ECVIIS).
70. Mr VUONG arrived in Hong Kong on 24 February 1991 and was then detained as an illegal immigrant. His particulars as well as his last address in China were passed to the Chinese
authorities for verification without delay on 13 March 1991.
Throughout the years from 1991 to 1993 every effort was made
to facilitate VUONG's return to China. On 22 March 1993, the
Chinese Government confirmed that Mr VUONG and his family would not be allowed to return to China as they had not been permanently settled in China.
Arb.Det