XN000022-1988-09-20 — Page 2

TUESDAY, SEPTEMBER 20, 1988

GOVT, UNHCR SIGN STATEMENT OF UNDERSTANDING ON BOAT PEOPLE

*

THE HONG KONG GOVERNMENT AND THE UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES HAVE REACHED AN UNDERSTANDING CONCERNING THE TREATMENT OF VIETNAMESE BOAT PEOPLE ARRIVING IN HONG KONG.

A STATEMENT OF UNDERSTANDING HAS BEEN PREPARED WHICH COVERS THE UNHCR'S ROLE IN MONITORING THE ELIGIBILITY DETERMINATION AND APPEALS PROCEDURES, THE PROVISION OF LEGAL ADVICE BY THE UNHCR ΤΟ PEOPLE WISHING TO APPEAL AGAINST ELIGIBILITY DECISIONS, FUNDING AND THE OPENING OF THE CLOSED CENTRES.

THE STATEMENT WAS CONFIRMED TODAY (TUESDAY) BY THE SECRETARY FOR SECURITY, MR ROBERT UPTON, AND THE CHARGE DE MISSION OF THE UNHCR, MR FAZLUL KARIM, THROUGH AN EXCHANGE OF LETTERS.

THAT

THE HONG KONG GOVERNMENT CONFIRMS IN THE JOINT STATEMENT APPROPRIATE HUMANITARIAN CRITERIA BASED ON THE UNHCR HANDBOOK ON PROCEDURES AND CRITERIA FOR DETERMINING REFUGEE STATUS UNDER THE 1951 CONVENTION AND THE 1967 PROTOCOL,

BE APPLIED IN THE DETERMINATION OF REFUGEE STATUS.

WILL

THESE CRITERIA, WHICH TAKE INTO ACCOUNT THE SPECIAL SITUATION OF ASYLUM SEEKERS FROM VIETNAM, ARE REFLECTED IN THE QUESTIONNAIRE WHICH WILL FORM THE BASIS FOR INTERVIEWS CONDUCTED BY IMMIGRATION DEPARTMENT OFFICERS DURING THE SCREENING OF VIETNAMESE BOAT PEOPLE WHO HAVE ARRIVED AFTER THE CHANGE IN POLICY ON JUNE 15 THIS YEAR.

BE

IN THE STATEMENT, THE UNHCR CONFIRMS THAT IT HAS BEEN CONSULTED FULLY ON THE ESTABLISHMENT OF THE CRITERIA AND THE PROCEDURES TO USED BY THE HONG KONG GOVERNMENT FOR THE DETERMINATION OF REFUGEE STATUS. THE UNHCR ALSO CONFIRMS THAT IT WILL BRIEF THE GOVERNMENT'S INTERVIEWERS.

WILL

THE DETERMINATION PROCEDURES,

INCLUDING THE APPEALS PROCEDURES,

BE MONITORED BY THE UNHCR. THIS INCLUDES OBSERVING THE PROCEDURES ON A SELECTIVE BASIS AND ADVISING THE HONG KONG GOVERNMENT BOTH ON INDIVIDUAL CASES AND ON DETERMINATION GENERALLY.

"THE HONG KONG GOVERNMENT WILL ADVISE PERSONS DETERMINED NOT TO BE REFUGEES OF THE RIGHT OF OBJECTION UNDER SECTION 53 OF THE IMMIGRATION ORDINANCE (CHAPTER 115) AND OF THEIR RIGHT OF LEGAL ADVICE IN PREPARING AN OBJECTION AGAINST REFUSAL OF REFUGEE STATUS.

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UNHCR WILL MAKE ARRANGEMENTS TO ENSURE THAT LEGAL ADVICE MADE AVAILABLE TO ALL THOSE WHO NEED IT, THE STATEMENT READS.

IS

THE HONG KONG