TNAG-1796-FCO40-2556-Hong-Kong-Vietnamese-refugees-repatriation--including-Opera-1988 — Page 233

CONFIDENTIAL

FM HONG KONG

TO IMMEDIATE FCO

TELNO 3158

CONFIDENTIAL

нко 24318.

CAMIC 1988

}

IS

TOP COPY a DIST

OF 26060OZ AUGUST 88

AND TO IMMEDIATE UKMIS GENEVA

·691)

694

015765

MDHIAN 1386

YOUR TELNO 1439: VIETNAMESE BOAT PEOPLE : OPERATION WATCHMAN

·

1 WE HAVE BEEN STUDYING THE POSITION ON APPEALS COVERED IN

PARA 6 OF TUR. ALTHOUGH YOUR ARRANGEMENTS ARE QUITE DIFFERENT FROM THOSE WHICH WE ARE PLANNING TO APPLY TO SCREENED OUT VIIS, WE WOULD LIKE FURTHER INFORMATION ON YOUR PRACTICE TO GUIDE US.

2. WE ARE PREPARING AN APPEALS PROCEDURE UNDER SECTION 53 OF

THE IMMIGRATION ORDINANCE WHICH GIVES VIIS THE RIGHT TO LODGE AN

OBJECTION AGAINST A DECISION TO REFUSE THEM REFUGEE STATUS. SUCH

AN OBJECTION WILL BE CONSIDERED BY THE GOVERNOR IN COUNCIL.

UNDER OUR NORMAL IMMIGRATION PROCEDURE WE DO NOT GIVE A FULL STATEMENT OF THE REASONS FOR REFUSAL, BUT WE ARE CONSIDERING WHETHER WE MIGHT BE MORE FORTHCOMING IN VII CASES. WE NEED TO ENSURE

THAT OUR PROCEDURES ARE PERCEIVED AS FAIR AND REASONABLE BY THE UNHCR, THE INTERNATIONAL COMMUNITY AND HUMAN RIGHTS GROUPS AND A FULL STATEMENT OF THE GROUNDS FOR REFUSAL SEEMS TO US TO BE

NECESSARY.

3. SO WE WOULD BE INTERESTED TO SEE THE WORDING OF THE HOME OFFICE NOTICE OF REFUSAL OF REFUGEE STATUS, AND TO KNOW WHETHER THE

GROUNDS ARE SET OUT IN FULL OR WHETHER A VERY GENERAL STATEMENT IS

MADE.

4. WE HOPE TO MAKE PROPOSALS ON THE APPEALS PROCEDURES TO THE EXECUTIVE COUNCIL SOON AND IT WOULD BE VERY HELPFUL TO HAVE THIS INFORMATION DESKBY 30010OZ AUGUST.

WILSON

YYYY