TNAG-1542-FCO40-2106-United-Nations-High-Commissioner-for-Refugees-(UNHCR)-Execut-1986 — Page 341

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

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(g) Recognized that the existence of appropriate procedures for

determining refugee status and the rapid implementation of such procedures may serve to protect refugees from unjustified or unduly prolonged detention;

(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

well-being are endangered;

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(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;

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

(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;

(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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