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12-14/88 18:30
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- Executive Summary
found no applicants who qualified for refugee status. However, no notices of negative determination had been issued as of that date.
The involvement of UNHCR improved the screening procedures to some extent, but certain problems currently remain. The immigration examiners involved in the screening procedures received formal UNHCR training, and the interview questionnaire was revised to include all subject areas relevant to a determination of Vietnamese refugee eligibility in accordance with UNHCR criteria. However, the asylum seekers continue to receive no assistance or materials prior to the screening interview. The quality of interpretation services has not been improved, and the original testimony of the applicant is still not recorded. Random assignment of interviewing teams to applicants remains the rule. No special procedures govera cases involving Ainerasians, unaccompanied minors. or family reunification. There is still no notice of the right to judicial review and in most of the, cases receiving negative determinations, no specific reasons are given for the denial of refugee status. As of November 4, 1988, only 10 percent of the 81 applicants receiving determinations had been recognized as refugees. The 10 percent figure corresponds to HK government predictions.
The full effect of UNHCR's role in the determination procedures remains to be seen. Legal assistance on appeal is provided only to asylum seekers whose cases inerit assistance. Only seven UNHCR attorneys are assigned to handle the monitoring of nearly 10,000 cases, and mobilization of these attorneys has been slow. To provide legal advice on appeal, UNHCR has contracted with the Law Socity of Hong Kong, a local legal aid organization, to enlist the help of private attorneys. There are no UNHCR plans to train these attorneys and the Law Society fears there are too few lawyers to handle the appeals required. There are no materials for those denied legal assistance to help them proceed without an attorney.
ietnamese who arrived following the change of policy in Hong Kon cased to more than 9500 the number of asylum seekers reaching Hong Kong over the summer months. All who arrived after June 15, 1988 were segregated from previous arrivals and kept in
Executive Summare
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detention centres, regardless of family connections with Vietnamese living in Hong Kong's refugee centres. Access to detention centres was denied to any outside organization except UNHCR until September 1988 Even UNHCR access was restricted. As of mid- September 1988, the residents in all detention centres were subject to threatened and actual breaches of their physical security and the security of their possessions as a result of criminal activity perpetrated by certain residents. The only exception to this rule was the police- run centre at Erskine. The HK government practices which are responsible for the continued lack of security in the detention centres included (1) inadequate patrol, especially during night hours, (2) poor communication system between centre staff and residents. including lack of available interpreters, (3) unjustified reliance on informers, (4) insufficient follow-up on victims' reports, (5) return of convicted, arrested, or disciplined suspects to the saine centre, and (6) inadequate method for representation of boat people for purposes UNHCR has not assisted of communication with centre staff. adequately to ensure improvement in security.
Tensions between government staff and detention centre residents were also reported. The most egregious incident reported to date occurred when government prison officers beat, kicked and kneed approximately 100 Vietnamese at Hei Ling Chau for at least three to four hours on July 19, 1988. The incident followed a night of near-rioting in one hall of single male residents. The HK Correctional Services Department (CSD) and certain medical examiners attempted Although an independent report a cover-up of the incident. commissioned by the HK Governor revealed the severity of treatment and the cover-up attempts, the HK government to date has responded only with directives to consider disciplinary action against the prison and medical officials involved. Other reports of mistreatment by government staff have arisen at the police-run Erskine Detention Centre, but following decisive action by senior staff, the incidents appear to have declined.
Certain fundamental necessities of normal existence are denied the Vietnamese living in detention centres. For several months at least, the Vietnamese were totally deprived of the ability to write
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