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screening is unclear. They are more likely to acquiesce in the
introduction of screening, provided it is carried out in accordance with UNHCR guidelines as proposed. But at the same time they are likely to express concern at what they would see as the dilution of
the principle of first asylum, and at the detentica and eventual
repatriation of asylum seekers. There are good legal and political
arguments which can be used to defend the new policy, and it would
be useful to deploy these with UNHCR in advance of the decision,
particularly as there are likely to be differences of opinion within
UNHCR itself.
5.
Given the structure of UNHCR, it is essential that the High
Commissioner can be personally consulted about the proposed changes.
Unfortunately he will not be available from 8-13 June, ie the
period after a Ministerial decision can be expected and immediately
before the Hong Kong Government's target date of 16 June for
introducing the new policy. The Hong Kong Government are understandably reluctant to delay the introduction of the policy while UNHCR are squared. This points to an earlier approach to
UNHCR. In any case, given the need for UNHCR's active co-operation in any new arrangements, we consider that there would be considerable advantage in bringing UNHCR into our confidence at an
early stage. This could best be done on the basis of informal
discussions without any commitment to prepare the ground, particularly on the question of screening. An appropriate contact
would be between Mr Hewitt, Head of Chancery and Mr Dewey, Deputy
High Commissioner.
6. ExCo will consider the Hong Kong Government's proposed new
policy on 24 May. There is no reason to believe that they will not endorse the proposals, but it would be prudent to delay an approach
to UNHCR until after the ExCo meeting.
Colton
CO Hum
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