XN000022-1991-04-24 — Page 17

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WEDNESDAY, APRIL 24, 1991

"THE SECOND IS TO ENSURE THAT, WHERE A PERSON WHO IS NOT A REFUGEE IS DETAINED PENDING REMOVAL FROM HONG KONG, THE REASONABLENESS OF THE LENGTH OF DETENTION SHOULD BE CONSIDERED HAVING REGARD TO THE AVAILABLE ARRANGEMENTS FOR REPATRIATION, AND THE EXTENT TO WHICH SUCH A PERSON HAS AVAILED HIMSELF OF THOSE ARRANGEMENTS.

"THE THIRD IS TO ENSURE THAT ANY VIETNAMESE PERSON WHO ARRIVES IN HONG KONG WITHOUT A VISA AND THEREFORE REQUIRES PERMISSION TO REMAIN CANNOT AVOID DETENTION SIMPLY BY REFUSING TO CO-OPERATE WITH NORMAL IMMIGRATION EXAMINATION REQUIREMENTS.

"THE FOURTH IS TO PUT BEYOND DOUBT OUR POWER TO TRANSFER PEOPLE BETWEEN CENTRES, INCLUDING FOR REASONS OF ORDER OR GOOD MANAGEMENT IN THE DETENTION CENTRES.

THE

"FINALLY, THE BILL WILL MAKE CLEAR THAT ALL THE DECISIONS REFUGEE STATUS REVIEW BOARD, AND NOT ONLY ITS DECISION ON APPELLANT'S STATUS, ARE NOT IN THEMSELVES JUDICIALLY REVIEWABLE."

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MR ASPREY ALSO EXPLAINED IN GREATER DETAIL THE NEED FOR ADEQUATE POWERS OF DETENTION, AND FOR THE TRANSFER OF PERSONS BETWEEN CENTRES IN THE INTEREST OF GOOD ORDER AND MANAGEMENT.

HE MADE IT CLEAR THAT DETENTION WAS NOT OF ITSELF THE GOVERNMENT'S OBJECTIVE.

"QUITE THE CONTRARY, OUR OBJECTIVE IS RESETTLEMENT OR REPATRIATION AS APPROPRIATE IN ACCORDANCE WITH INTERNATIONALLY AGREED AND ACCEPTED ARRANGEMENTS.

"THIS OBJECTIVE WOULD BE FRUSTRATED IF PERSONS WHO HAVE NOT ESTABLISHED A CLAIM TO REFUGEE STATUS, OR WHO HAVE BEEN FOUND NOT TO BE REFUGEES, WERE TO BE RELEASED TO LIVE AND WORK IN THE COMMUNITY.

"WE WOULD IN THOSE CIRCUMSTANCES HAVE LOST CONTROL DE FACTO OVER IMMIGRATION INTO HONG KONG FROM VIETNAM,

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HE SAID.

NR ASPREY POINTED OUT THAT THE FIRST REQUIREMENT OF IMMIGRATION CONTROL OVER UNDOCUMENTED ARRIVALS FROM VIETNAM WAS- TO DETERMINE STATUS, AND HENCE ELIGIBILITY FOR RESETTLEMENT OR NOT.

"IT IS OUR WISH TO COMPLETE SCREENING AS SOON AS PRACTICABLE AFTER ARRIVAL.

"WE DEVOTE VERY CONSIDERABLE RESOURCES TO THIS OVER 300 STAFF ARE EMPLOYED FULL TIME ON THIS WORK, AND THE TOTAL ANNUAL COST IS SOME $64 MILLION.

"BUT OUR RESOURCES ARE NOT WITHOUT LIMIT; THE WORKLOAD IS VERY LARGE, WITH OVER 53,000 ASYLUM SEEKERS HAVING ARRIVED FROM VIETNAM SINCE STATUS DETERMINATION WAS INTRODUCED IN JUNE 1988; AND THE WISH FOR SPEED MUST BE BALANCED AGAINST THE NEED FOR A FAIR AND THOROUGH CONSIDERATION OF EACH CASE AND EACH CLAIM, HE SAID.

/MR ASPREY