TNAG-1793-FCO40-2553-Hong-Kong-Vietnamese-refugees-repatriation--including-Opera-1988 — Page 323

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MDHIAN 1900

PLAN FOR THE SCREENING PROCEDURE, SHOULD BE SUBMITTED UPON CLEARANCE OF THE NEW POLICY BY HMG.

PROPOSED SCREENING PROCEDURES

3. THE FOLLOWING PROCEDURES WILL, IF AGREED, COME INTO EFFECT AT 0001 HOURS ON 16 JUNE 1988. UPON INTERCEPTION BY THE MARINE POLICE, BOAT ARRIVALS WILL BE GIVEN A NOTICE WARNING THEM OF PROSPECTIVE

DETENTION AS ILLEGAL IMMIGRANTS. IF THEY CHOOSE TO CONTINUE THEIR

JOURNEY, THEY WILL BE GIVEN FOOD AND WATER AND OTHER ASSISTANCE. FOR THOSE WHO REFUSE TO LEAVE HONG KONG, THEY WILL, AS NOW, BE TAKEN TO THE GREEN ISLAND RECEPTION CENTRE FOR PRELIMINARY EXAMINATION TO DETERMINE WHETHER THEY HAVE COME DIRECTLY FROM VIETNAM OR WHETHER

THEY HAVE BEEN PERMANENTLY SETTLED IN CHINA I.E. ECVIIS (OR ARE CHINA IIS (CIIS)). THEY WILL AGAIN BE GIVEN NOTICE OF THEIR POSITION

SO THAT THE OPTION TO LEAVE REMAINS OPEN. ECVIIS AND CIIS WILL BE

REFUSED PERMISSION TO LAND AND RETURNED TO THE PEOPLE'S REPUBLIC OF

CHINA UNDER ESTABLISHED PROCEDURES. ALL OTHER VIETNAMESE WILL BE TREATED AS VIETNAMESE ILLEGAL IMMIGRANTS (VIIS), BUT UPON TRANSFER TO A DETENTION CENTRE WILL BE SCREENED BY IMMIGRATION DEPARTMENT

STAFF TO DETERMINE WHETHER OR NOT THEY ARE GENUINE REFUGEES UNDER

THE TERMS OF THE 1951 CONVENTION AND 1967 PROTOCOL RELATING TO THE STATUS OF THE REFUGEES. THEY WILL BE SCREENED IN ACCORDANCE WITH THE GUIDELINES CONTAINED IN THE UNHCR HANDBOOK ON PROCEDURES AND CRITERIA FOR DETERMINING REFUGEE STATUS (GENEVA, SEPTEMBER 1979).

THOSE SCREENED IN WILL BE GRANTED PERMISSION TO REMAIN AS REFUGEES. THEY WILL BE ACCOMMODATED IN CLOSED CENTRES WITH OTHERS WHO HAVE ALREADY BEEN ACCORDED REFUGEE STATUS PENDING RESETTLEMENT TO OTHER COUNTRIES. AS STATED IN PARA. 16 OF XCS (88) 10 IT IS INTENDED TO GRADUALLY LIBERALISE THESE CENTRES AND PLACE THEM UNDER THE RESPONSIBILITY OF UNHCR. THOSE SCREENED OUT WILL BE DETAINED IN DETENTION CENTRES PENDING REPATRIATION TO VIETNAM.

DEFINITION OF THE TERM ''REFUGEE'

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UNDER THE 1951 CONVENTION AND THE 1967 PROTOCOL (ANNEX B) TERM ''REFUGEE'' REFERS TO A PERSON WHO OWING TO WELL-FOUNDED FEAR OF BEING PERSECUTED FOR REASONS OF RACE, RELIGION, NATIONALITY, MEMBERSHIP OF A PARTICULAR SOCIAL GROUP OR POLITICAL OPINION IS OUTSIDE THE COUNTRY OF HIS NATIONALITY

THE UNHCR HANDBOOK

ON PROCEDURES AND CRITERIA FOR DETERMINING REFUGEE STATUS PROVIDES

DETAILED GUIDELINES REGARDING WHAT CONSTITUTES WELL-FOUNDED FEAR

OF BEING PERSECUTED'' AND HOW A PERSON MAY OR MAY NOT BE QUALIFIED FOR REFUGEE STATUS. FOR EXAMPLE, A PERSON MAY BE MOVED BY THE DESIRE

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