TNAG-1796-FCO40-2556-Hong-Kong-Vietnamese-refugees-repatriation--including-Opera-1988 — Page 108

CONFIDENTIAL

FM FCO

TO

TELNO 2242

IMMEDIATE HONG KONG

OF 02140OZ SEPTEMBER 88

CONFIDENTIAL

нко 24318

(132)

037102 MDHOAN 3567

SEP 088

Oms

MIPT: VIETNAMESE BOAT PEOPLE IN HONG KONG: DISCUSSIONS WITH

UNHCR: APPEALS PROCEDURES

1. WE HAVE RECEIVED A VERY HELPFUL IF RATHER DEPRESSING LETTER

FROM THE HOME OFFICE CONCERNING PROBLEMS AND POTENTIAL PROBLEMS

UNDER APPEALS PROCEDURES. IT SEEMS TO US THAT YOU SHOULD TAKE

THIS ADVICE CAREFULLY INTO

ACCOUNT IN DEVELOPING YOUR OWN IDEAS. DO YOUR PRESENT

ARRANGEMENTS PROVIDE A RIGHT OF JUDICIAL REVIEW?

2.

EXTRACTS FROM THE HOME OFFICE LETTER FOLLOW.

BEGINS

ONLY THOSE PERSONS IN POSSESSION OF PRIOR ENTRY CLEARANCE HAVE

THE RIGHT OF APPEAL AGAINST REFUSAL OF ENTRY TO THE UNITED

KINGDOM WHILE THEY ARE STILL IN THE UNITED KINGDOM. ALL OTHERS, INCLUDING ASYLUM-SEEKERS, HAVE A RIGHT OF APPEAL ONLY AFTER THEY

HAVE LEFT THE UNITED KINGDOM. WE HAVE BEEN FACING A CONCERTED CAMPAIGN, LED BY AMNESTY INTERNATIONAL, TO INTRODUCE A RIGHT OF APPEAL TO ALL ASYLUM-SEEKERS BEFORE REMOVAL BUT WE HAVE RESISTED

THIS ALTHOUGH WE HAVE AGREED THAT REFERENCE WILL BE MADE TO UKIAS

BEFORE REMOVAL ON PRACTICALLY ALL CASES. OUR OBJECTION TO AN

APPEAL BEFORE REMOVAL IS THAT NO SYSTEM COULD COPE WITH THE

NUMBERS INVOLVED AND IF ONLY ASYLUM-SEEKERS WERE GRANTED APPEAL

RIGHTS ALL PASSENGERS REFUSED ENTRY WOULD PROMPTLY CLAIM ASYLUM.

AS HONG KONG ARE ONLY CONSIDERING VIETNAMESE BOAT PEOPLE ALL THIS ARGUMENT DOES NOT APPLY. NEVERTHELESS, I SHOULD PUT IT ON RECORD THAT OUR ADVICE WOULD NOT (NOT) BE TO INTRODUCE A RIGHT OF

APPEAL BEFORE REMOVAL.

I RECOGNISE HOWEVER THAT SUCH ADVICE, GIVEN THE PRESSURES ON

HONG KONG, IS NOT PARTICULARLY HELPFUL. IF AN APPEAL SYSTEM MUST. BE INTRODUCED, IT SHOULD BE SWIFT AND FINAL OTHERWISE HONG KONG COULD FIND ITSELF IN THE SAME SITUATION AS CANADA (WHERE NO

FAILED ASYLUM-SEEKERS HAS BEEN REMOVED FOR TWO YEARS) OR GERMANY

(WHERE APPEALS TO SUCCESSIVE BODIES CAN BE DRAGGED OUT FOR 3-4 YEARS).

THE OBJECTIVE (INDEED THE PHILOSPHER'S STONE) IN THIS AREA IS

THAT OF A SWIFT BUT CLEARLY EFFECTIVE RIGHT OF APPEAL.

UNFORTUNATELY NO WESTERN COUNTRY HAS GOT NEAR TO SECURING SUCH A SYSTEM, WHATEVER THEIR INTENTIONS. IN THE UK, FOR EXAMPLE, THE

PAGE

1

CONFIDENTIAL