TNAG-1796-FCO40-2556-Hong-Kong-Vietnamese-refugees-repatriation--including-Opera-1988 — Page 47

CONFIDENTIAL

(760)

050260

MDHIAN 2566

CONFIDENTIAL

FM HONG KONG

HKD 243/8

RECEIVEL

TO IMMEDIATE FCO

TELNO 3307

INDL

OF 07130OZ SEPTEMBER 88

732

-7 SEP 1988

OFFICER

FA

Oms.

TOP COPY

Q DIST 7

YOUR TELNO 2242. DISCUSSIONS WITH THE UNHCR: APPEALS PROCEDURES.

1.

WE WERE GRATEFUL FOR THE HELPFUL ADVICE PROVIDED BY THE HOME OFFICE AND WILL TAKE THIS INTO ACCOUNT IN OUR DEALINGS WITH THE UNHCR AND IN SETTING UP OUR APPEALS PROCEDURES.

2. THE HOME OFFICE ADVICE REINFORCES US IN OUR VIEW THAT A JUDICIAL OR QUASIJUDICIAL APPEAL PROCEDURE WOULD BE INAPPROPRIATE FOR HONG KONG. WE ARE IN EFFECT PLANNING TO ADOPT THE EQUIVALENT OF THE ADMINISTRATIVE STAGE OF THE UK PROCEDURE I.E. DETERMINATION BY IMMIGRATION OFFICERS FOLLOWED BY REVIEW BY THE SECRETARY OF STATE, WITHOUT ADDING THE RIGHT OF APPEAL TO THE IMMIGRATION TRIBUNAL. THE IMMIGRATION OFFICER IN HONG KONG PERFORMS THE SAME ROLE AS HIS UK COUNTERPART AND THE GOVERNOR IN COUNCIL EXERCISES THE REVIEW POWERS WHICH IN THE UK ARE EXERCISED BY THE SECRETARY OF STATE.

I

3. THE HOME OFFICE WARN AGAINST A RIGHT OF APPEAL BEFORE REMOVAL REALISE THE DIFFCICULTIES WHICH THEY HAVE FACED CAND WHICH WE TOO MAY HAVE TO FACE IN PART). BUT I CONSIDER THAT THE CREDIBILITY OF OUR SCREENING POLICY IS IN PART DEPENDENT ON THE ESTABLISHMENT OF A DEMONSTRABLY FAIR APPEALS PROCEDURE. WE HAVE MADE NUMEROUS PUBLIC STATEMENTS CONFIRMING THAT THERE WILL BE AN AVENUE FOR APPEALS AND WE ARE TOO COMMITTED TO CHANGE OUR POSITION AT THIS LATE STAGE. IT IS MOREOVER, AND ESSENTIAL ELEMENT OF THE UNDERSTANDING WHICH WE ARE NEGOTIATING WITH THE UNHCR: TO TRY TO REMOVE IT NOW WOULD INEVITABLY UNDERMINE THE BASIS OF THE PROVISIONAL AGREEMENT WE HAVE NOW NEGOTIATED. WE UNDERSTAND THE FORCE OF THE ADVICE FROM THE HOME OFFICE: BUT WE BELIEVE THAT OUR SYSTEM AVOIDS MANY OF THE BUREAUCRATIC PITFALLS AND LEGAL DELAYS WHICH WE UNDERSTAND TROUBLE APPEALS PROCEDURES IN OTHER JURISDICTIONS. ALTHOUGH WE ACCEPT THAT A QUICK AND SIMPLE APPEALS PROCEDURE IS UNATTAINABLE, WE THINK WE CAN AND MUST LIVE WITH THE ARRANGEMENTS WE HAVE DEVISED.

4. ON THE SPECIFIC POINTS RAISED IN THE HOME OFFICE LETTER WE HAVE THE FOLLOWING COMMENTS:

(A) MORE THAN ONE TIERRECORSE TO THE COUYS

1

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CONFIDENTIAL