CONFIDENTIAL
054042
MDHIAN 2775
THE HONG KONG GOVERNMENT AND THE UNHCR WILL CONTINUE THEIR PRACTICE
OF CLOSE CO-OPERATION AND CONSULTATION ON ANY MATTERS AFFECTING PERSONS OF CONCERN TO THE UNHCR. (OPEN SQUARE BRACKETS) UNHCR CONFIRMS THAT ANY COMPLAINTS, OBSERVATIONS OR COMMENTS ON CAMP CONDITIONS OR MANAGEMENT ARRANGEMENTS ARISING FROM THEIR GENERAL
RIGHT OF ACCESS WILL CONTINUE TO BE REPORTED IMMEDIATELY TO THE
CAMP OR CENTRE MANAGEMENT. (CLOSE SQUARE BRACKETS) THE HONG KONG GOVERNMENT AND THE UNHCR WILL CONVENE REGULAR LIAISON MEETINGS WITH INDIVIDUAL CENTRE MANAGEMENTS.
(5) RESETTLEMENT OR OTHER DURABLE SOLUTIONS
UNHCR WILL CONTINUE TO USE ITS BEST ENDEAVOURS TO SECURE THE SPEEDY
RESETTLEMENT OR OTHER DURABLE SOLUTIONS FOR ALL REFUGEES IN HONG
KONG AND APPROPRIATE DURABLE SOLUTIONS FOR ALL OTHER PERSONS OF
CONCERN TO UNHCR.
B.
(1)
DETERMINATION OF REFUGEE STATUS
THE HONG KONG GOVERNMENT CONFIRMS THAT APPROPRIATE HUMANITARIAN CRITERIA WILL BE APPLIED. THESE CRITERIA, BASED ON THE UNHCR HANDBOOK ON PROCEDURES AND CRITERIA FOR DETERMINING REFUGEE STATUS UNDER THE 1951 CONVENTION AND THE 1967 PROTOCOL, TAKE INTO ACCOUNT THE SPECIAL SITUATION OF ASYLUM SEEKERS FROM VIETNAM. THE ATTACHED QUESTIONNAIRE, WHICH WILL BE THE BASIS FOR INTERVIEW, REFLECTS THE ELEMENTS OF SUCH CRITERIA.
(2) HONG KONG GOVERNMENT CONFIRMS ITS COMMITMENT TO THE ESTABLISH- MENT AND OPERATION OF PROCEDURES FOR DETERMINATION OF REFUGEE STATUS WHICH ARE IN ACCORDANCE WITH THE UNHCR HANDBOOK.
(3)
THE UNHCR CONFIRMS THAT THEY HAVE BEEN CONSULTED FULLY ON THE
ESTABLISHMENT OF THE CRITERIA AND THE PROCEDURES TO BE USED BY THE
HONG KONG GOVERNMENT FOR THE DETERMINATION OF REFUGEE STATUS. UNHCR
WILL BRIEF THE HONG KONG GOVERNMENT'S INTERVIEWERS.
(4) UNHCR WILL MONITOR THE DETERMINATION PROCEDURES. MONITORING INCLUDES OBSERVING THE PROCEDURES ON A SELECTIVE BASIS AND ADVISING
THE HONG KONG GOVERNMENT BOTH ON INDIVIDUAL CASES AND ON DETERMIN- ATION GENERALLY.
(5) THE HONG KONG GOVERNMENT WILL ADVISE PERSONS DETERMINED NOT TO
BE REFUGEES OF THE RIGHT OF OBJECTION UNDER SECTION 53 OF THE
IMMIGRATION ORDINANCE (CHAPTER 115) AND OF THEIR RIGHT OF LEGAL
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CONFIDENTIAL
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