TNAG-1796-FCO40-2556-Hong-Kong-Vietnamese-refugees-repatriation--including-Opera-1988 — Page 167

CONFIDENTIAL

026725

MDHIAN 1771

OBSERVATIONS OR COMMENTS ON CAMP CONDITIONS OR MANAGEMENT ARRANGE-

MENTS ARISING FROM THEIR GENERAL RIGHT OF ACCESS WILL CONTINUE TO BE

REPORTED IMMEDIATELY TO THE CAMP OR CENTRE MANAGEMENT. THE HONG KONG GOVERNMENT AND THE UNHCR AGREE TO CONVENE REGULAR LIAISON MEETING WITH INDIVIDUAL CENTRE MANAGEMENTS.

(B)

SCREENING AND APPEALS PROCEDURES

(1)

SCREENING AND APPEALS PROCEDURE

HONG KONG GOVERNMENT RE-AFFIRMS ITS COMMITMENT TO THE ESTABLISHMENT

AND OPERATION OF SCREENING AND APPEALS PROCEDURES WHICH ARE IN

ACCORDANCE WITH SECTION 192 OF THE UNHCR'S GUIDELINES PUBLISHED IN

THE HANDBOOK ON PROCEDURES AND CRITERIA FOR DETERMINING REFUGEE

STATUS.

(2) UNHCR OFFICIALS WILL HAVE THE OPPORTUNITY TO SATISFY THEMSELVES

THAT THE PROCEDURES ARE ESTABLISHED AND OPERATED ACCORDING TO THESE GUIDELINES. UNHCR WILL PROVIDE ADVICE ON THE SCREENING QUESTIONNAIRE

AND WILL BRIEF INTERVIEWERS.

(3) UNHCR WILL MONITOR ON A SELECTIVE BASIS THE SCREENING

AND

PROCEDURES

WILL PROVIDE ADVICE TO PEOPLE WHO WISH TO OBJECT UNDER SECTION

53 OF THE IMMIGRATION ORDINANCE TO A DECISION TO DENY THEM REFUGEE STATUS.

(4) THE HONG KONG GOVERNMENT WILL ADVISE PERSONS SCREENED OUT OF

THE RIGHT OF OBJECTION UNDER SECTION 53 AND OF THEIR RIGHT OF LEGAL

ADVICE IN PREPARING AN OBJECTION AGAINST REFUSAL OF REFUGEE STATUS.

FOR LEGAL ADVICE, UNHCR FINANCIAL ASSISTANCE WILL BE PROVIDED TO THOSE PERSONS WHO CANNOT MEET THEIR OWN COST.

(C)

DETENTION CENTRES

(1) RULES IN DETENTION CENTRES

BE

HONG KONG GOVERNMENT CONFIRMS THAT AS SOON AS PRACTICABLE THE

CONDITIONS FOR ASYLUM SEEKERS AND SCREENED OUT PERSONS WILL, SUBJECT TO EXCEPTIONAL SECURITY REQUIREMENTS AND AT ITS SOLE DISCRETION, NO MORE RESTRICTIVE THAN THOSE APPLYING TO THE PRE-16 JUNE 1988

ARRIVALS.

(2)

OVERNIGHT CONFINEMENT TO DORMITORIES

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