TNAG-1542-FCO40-2106-United-Nations-High-Commissioner-for-Refugees-(UNHCR)-Execut-1986 — Page 337

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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(h) Noted the relevance of Conclusion No 22 (XXXII) in so far as the

detention of asylum seekers in situations of large scale influx is concerned;

(1) Stressed that the conditions of detention of refugees and

asylum-seekers when resorted to should be humane. In particular,

asylum-seekers should, wherever possible, not be accommodated in prison with

common criminals and not be located in areas where their physical safety and

WAIT. heing are endangered;

(1) Reaffirmed that asylum-seekers who for valid reasons are detained

pending determination of status) should be fully protected against refoulement

and enjoy fundamental human rights;

(k) Recommended that refugees and asylum-seekers who find themselves in

defention should be given the opportunity to take up contact with available

national refugee assistance agencies and/or with the Office of the United

Nations High Commissioner for Refugees which should have the possibility of

intervening with the competent authorities in their behalf;

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(1) Recalled Conclusion No. 7 (XXVIII) in which the Executive Committee

stressed that expulsion measures should only be taken against a refugee in

very exceptional cases and after due consideration of all the circumstances

and noted that where measures of expulsion against refugees are adopted in

line with these considerations, they should only be combined with measures of

detention if these are necessary for reasons of national security or public

order and if resorted to should not be unduly prolonged;

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(m) Reaffirmed that refugees are under an obligation to conform to the

laws and regulations of the country in which they find themselves, and that

they may be subjected to detention or imprisonment related to ordinary penal

proceedings not based on illegal entry or presence;

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