XN000022-1995-09-01 — Page 5

4.

Under the Comprehensive Plan of Action (CPA), to which the US is a party, all Vietnamese who have undergone the status determination process and found to be refugees should be resettled overseas and those found to be non-refugees should return to Vietnam.

It was explained to Mr Smith that the screening system in Hong Kong was designed together with the UNHCR, who has full access to the screening procedures.

The system consists of two tiers: a first instance screening by Immigration Officers in accordance with the United Nations Convention relating to the Status of Refugees 1951 and its 1967 Protocol. Those who have been screened out may then appeal to the Refugee Status Review Board, whose decision is final.

Checks and balances are built into the system. For example, the migrants were fully informed of the screening procedures and were provided with legal and other counselling services by the UNHCR during the whole screening process. The system is constantly reviewed and improved upon, taking into account suggestions by the UNHCR and non-government organisations.

The screening procedures have also been the subject of detailed scrutiny by the Law Courts of Hong Kong in a number of cases, and have been found to be reasonable and fair. There has been no accusation whatsoever of corruption of any kind of the screening procedures in Hong Kong.

The procedures are further safeguarded by the safety net of the UNHCR mandate. All negative decisions are reviewed by the UNHCR who may exercise its international mandate and grant refugee status to any migrant if it disagrees with the decision. The UNCHR has exercised its mandate to some 1,540 cases out of a total of about 48,600 screened out cases.

year.

Screening of all the Vietnamese in Hong Kong was completed in October last

As for recent allegations that there is a pre-set quota for screening in refugees in Hong Kong, Mr Smith was told that there is absolutely no truth in these allegations and that there is no reason why the Government should do so. As Hong Kong is not a place for resettlement, it would have been in Hong Kong's interest to screen in everyone and push the burden of resettlement to other countries, it was explained.

On the current situation in Hong Kong, Mr Smith learnt that there are now about 1,500 refugees in Hong Kong awaiting resettlement. The major issue, however, is the return of 21,000 non-refugees.