TNAG-1796-FCO40-2556-Hong-Kong-Vietnamese-refugees-repatriation--including-Opera-1988 — Page 78

Your reference

Our reference

IMG87 72/1126/4

CONFIDENTIAL

HOME OFFICE

Lunar House Wellesley Road Croydon CR9 2BY

Telephone 01-760 2341 Switchboard 01-686 0333 ext

(GTN 2822)

Aka

HKD 24318 A/2/9

PA

7744

C Hum Esq

Room WH307A

Hong Kong Department

Foreign & Commonwealth Office

WHITEHALL

London SW1

6 SEP 1988

di desain tum.

Curta

om

1 September 1988

Dear Christigen,

VIETNAMESE IN HONG KONG: SCREENING

1.

There have been several conversations between ourselves and our departments about the mechanics of a possible appeal system in Hong Kong for Vietnamese boat people who are screened out. Perhaps because of the need for a quick response on specifics, we have not discussed at any length the generalities of an appeal system and, particular, what experience (in the United Kingdom and other countries) has shown should be avoided if at all possible.

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2. As you are aware, only those persons in possession of prior entry clearance have the right of appeal against refusal of entry to the United Kingdom while they are still in the United Kingdom. All others, including asylum-seekers, have a right of appeal only after they have left the United Kingdom. We have been facing a concerted campaign, led by Amnesty International, to introduce a right of appeal for all asylum-seekers before removal but we have resisted this although we have agreed that reference will be made to UKIAS before removal on practically all cases. Our objection to an appeal before removal is that no system could cope with the numbers involved and if only asylum-seekers were granted appeal rights all passengers refused entry would promptly claim asylum.

3.

As Hong Kong are only considering Vietnamese boat people all this argument does not apply. Nevertheless I should put it on record that our advice would be not to introduce a right of appeal before removal.

CONFIDENTIAL