TNAG-1796-FCO40-2556-Hong-Kong-Vietnamese-refugees-repatriation--including-Opera-1988 — Page 35

CODE 18-77

Mr Edwards

Legal Advisers

K199

CONFIDENTIAL

VIETNAMESE BOAT PEOPLE IN HONG KONG

Reference

3/3

HKD 243/8

-9 SEP 1933

N

S

A B

A

B

1. The Hong Kong Government are considering appeal arrangements for those Vietnamese boat people screened out. Such arrangements need to meet clause 152 of the relevant UNHCR handbook.

2. One problem drawn to our attention by the Home Office is in relation to judicial appeals, which can be very time consuming and can be used to delay prompt returns to the country of origin of those concerned.

3.

4.

I would be grateful for your advice on:

(a)

(b)

whether the arrangements set out in Hong Kong telno 3307 would meet the requirements of UNHCR?

whether such arrangements would still meet such requirements if the existing provision for judicial review (para 4(a) of Hong Kong telno 3307) were removed?

The Hong Kong Government are putting their proposals to

Exco on 13 September, so I would be grateful for any views you may have as soon as possible, and at any rate by noon on 9 September.

CC:

Mr Millett, UND

8 September 1988

Robert Fastran

R C L Footman

Hong Kong Department WH 312

270 2651

CONFIDENTIAL

ROYADY

768