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214 VMs to be released tomorrow
A government spokesman today (Tuesday) announced that as a consequence of the Privy Council judgment, it had been decided that 214 Vietnamese Migrants (VMs) would be released from detention tomorrow.
There may also be a need to release a further 40 VMs. Their cases are now being examined and a decision will be made as soon as possible.
Those released will be initially accommodated in the New Horizons Refugee Centre. They will be transferred to the Pillar Point Refugee Centre as soon as accommodation there is made habitable.
The appellants involved in the Privy Council case argued that in essence it was the policy of the Vietnamese Government not to accept back non-nationals of Vietnam, and that the Vietnamese Government regarded them as "non-nationals".
Under the circumstances, they said, even if they volunteered to go home, they would not be cleared for return, the purpose of their detention (that is, pending removal) could not therefore be achieved and they could no longer be lawfully detained.
The Privy Council accepted these arguments and ordered the release of the four VM appellants.
The spokesman said in the light of the ruling, the Government had no option but to order the release of those VMs who, under the terms of the Privy Council judgment, could no longer be lawfully detained.
"We have to act in accordance with the law, as determined by the highest court of the land," he said.
"The release of these VMs does not mean that they will be settled in Hong Kong. We will continue to pursue with the Vietnamese authorities the question of their repatriation to Vietnam.
"If and when the Vietnamese Government agree to take them back, we will redetain them and effect their repatriation to Vietnam, under the voluntary return programme or under the Orderly Repatriation Programme."