13/08/93
11:31
022 734 52 54
NO.954
P004/004
United Kingdom
The cases mentioned below were reported to the Working Group on Arbitrary Detention as follows:
Ngoc Lam Pham, aged 33, was reportedly arrested by the Hong Kong Immigration Department in Hong Kong on 6 May 1989 for alleged illegal immigration. He was reportedly first held in the Whitehead Detention Centre and North Camp High Island Detention Centre before being transferred to Upper Chimawan Detention Centre. Allegedly, the Hong Kong Immigration Department and the Hong Kong Correctional Services Department are now holding the detainee under custody.
וור
Son Bach Vuong, born on 14 January 1944, his daughters Hue Chi Vuong, aged 21, Thieu Ha Vuông, nged 19, Thieu Hương Vuong, aged 17 and his grand-daughter Diu Diu Vuong, aged 18 months, were allegedly arrested by the Hong Kong Marine Police and the Hong Kong Immigration Department on 25 February 1991 for alleged illegal immigration. They were reportedly first taken to the Green Island Reception Centre and are reportedly, after many transfers, presently at Whitehead' Detention Centre where they are held under custody by the Hong Kong Immigration Department and the Hong Kong Correctional Services Department.
Gia Ninh Cam, born on 3 February 1966, was allegedly arrested by the Royal Hong Kong Police Force and the Hong Kong Immigration Department on 30 September 1987 for alleged illegal immigration. He was reportedly first taken
to the Green Island Reception Centre and is reportedly, after 4 or 5 different transfers, presently at the Whitehead Detention Centre where he is held under custody, together with his wife Pham Thi Thuy, aged 21 and their son The Khuan Cam, aged 15 months, by the Hong Kong Immigration Department and the Hong Kong Correctional Services Department.
The above-mentioned persons are among some 40,000 Vietnamese asylum seekers currently detained by the Hong Kong authorities. According to the source the Hong Kong authorities introduced a new policy of treating all Vietnamese "boat people" as illegal immigrants while they are waiting for these authorities to determine whether they qualify for refugee status. The asylum seekers are said to be detained in closed camps in harsh, prison-like conditions, which may endanger their physical and mental welfare According to the source, the detention of the asylum seekers for the purpose of deterring the migration of other asylum seekers, in the harsh conditions of the camps and for the prolonged periods involved, constitutes a violation of the right to liberty and security of person, the right not to be arbitrarily detained, the right to freedom of movement and residence within the borders of each state, and the right to seek and enjoy in other countries asylum from persecution.
This
It is alleged that in the above-mentioned cases several provisions contained in the international legal instruments taken into account by the Working Group on Arbitrary Detention in order to assess the arbitrary character of situations of arrest and detention have not been respected. applies in particular to Articles 9, 13, 14 and 25 of the Universal Declaration of Human and Article 9 of the International Covenant on Civil and Political Rights to which the United Kingdom is a party.
The Working Group would highly appreciate if the Government, in its reply, can provide it with precise details on the legal basis for the detention of the above-mentioned Vietnamese asylum seekers.